Criminalization of poverty

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The criminalization of poverty refers to the systemic practices and policies that disproportionately penalize individuals for behaviors associated with their economic status. This phenomenon manifests through various legal and social mechanisms that enforce penalties on those who are unable to meet basic needs due to poverty, leading to a cycle of criminalization and further marginalization. [1] [2] Examples include fines and fees that the person is unable to pay, [3] anti-homelessness laws and actions, [4] and interconnections between welfare and criminal law. [5]

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Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others, and employs procedural standards. Retributive justice contrasts with other purposes of punishment such as deterrence, exile and rehabilitation of the offender.

<span class="mw-page-title-main">Welfare state</span> Form of government

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<span class="mw-page-title-main">War on poverty</span> 1964 policies of U.S. President Lyndon B. Johnson

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<span class="mw-page-title-main">Welfare spending</span> Means-oriented social benefit

Welfare spending is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance programs which provide support only to those who have previously contributed, as opposed to social assistance programs which provide support on the basis of need alone. The International Labour Organization defines social security as covering support for those in old age, support for the maintenance of children, medical treatment, parental and sick leave, unemployment and disability benefits, and support for sufferers of occupational injury.

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Social exclusion or social marginalisation is the social disadvantage and relegation to the fringe of society. It is a term that has been used widely in Europe and was first used in France in the late 20th century. In the EU context, the European Commission defines it as "a situation whereby a person is prevented from contributing to and benefiting from economic and social progress". It is used across disciplines including education, sociology, psychology, healthcare, politics and economics.

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Peter Benjamin Edelman is an American legal scholar. He is a professor at the Georgetown University Law Center, specializing in the fields of poverty, welfare, juvenile justice, and constitutional law. He worked as an aide for Senator Robert F. Kennedy and in the Clinton Administration, where he resigned to protest Bill Clinton's signing the welfare reform legislation. Edelman was one of the founders and president of the board of the New Israel Fund.

<span class="mw-page-title-main">Poverty in the United States</span>

In the United States, poverty has both social and political implications. In 2020, there were 37.9 million people in poverty. Some of the many causes include income, inequality, inflation, unemployment, debt traps and poor education. The majority of adults living in poverty are employed and have at least a high school education. Although the US is a relatively wealthy country by international standards, it has a persistently high poverty rate compared to other developed countries due in part to a less generous welfare system.

<span class="mw-page-title-main">Discrimination against homeless people</span>

Discrimination against homeless people is categorized as the act of treating people who lack housing in a prejudiced or negative manner due to the fact that they are homeless. Other factors can compound discrimination against homeless people including discrimination on the basis of race, gender, sexuality, age, mental illness, and other considerations.

<span class="mw-page-title-main">Anti-homelessness legislation</span> Laws regarding homelessness

Anti-homelessness legislation can take two forms: legislation that aims to help and re-house homeless people; and legislation that is intended to send homeless people to homeless shelters compulsorily, or to criminalize homelessness and begging.

<span class="mw-page-title-main">Criminology</span> Study of crime and criminal actions/behavior

Criminology is the interdisciplinary study of crime and deviant behaviour. Criminology is a multidisciplinary field in both the behavioural and social sciences, which draws primarily upon the research of sociologists, political scientists, economists, legal sociologists, psychologists, philosophers, psychiatrists, social workers, biologists, social anthropologists, scholars of law and jurisprudence, as well as the processes that define administration of justice and the criminal justice system.

<span class="mw-page-title-main">Criminal-justice financial obligations in the United States</span> Costs paid by convicted people incurred by their prosecution and incarceration

In the United States, criminal justice financial obligations (CJFOs), alternatively monetary sanctions or legal financial obligations, refers to costs paid by individuals as a result of their involvement in the criminal justice system. CJFOs consist of fines, property forfeiture, costs, fees, and victim restitution, and may also include payment for child support. They have their roots in European laws going back to the Middle Ages, and although they fell out of favor in the US in the early 19th century, regained popularity in the mid to late 20th century, to become the most common form of punishment used by the criminal justice system across the country.

Poverty in ancient Rome is challenging to define as much of the Roman population lived in conditions resembling modern poverty. Roman society was largely agrarian and afflictions such as low literacy rates, high infant mortality, and poor diets were widespread throughout the populace. Poverty can be defined through landlessness; the majority of land in ancient Rome was concentrated in the hands of a small class of wealthy people, leaving the rest of the population with little land. However, people in urban settings likely could have lived well without owning land. Ancient Roman poverty can also be viewed through the lens of political disenfranchisement; the poor were less able to access political offices, had increased difficulty casting ballots, had votes of lesser significance, and had higher tax rates. The Codex Theodosianus, a late Roman legal document, describes various laws in which the poor were to be punished differently from the rich. Estimates of the GDP per capita in ancient Rome suggest that the majority of the population was living at subsistence levels, with enough money to live securely but not comfortably.

References

  1. Larrison, Christopher R. (2020). "The Criminalization of Poverty". Social Work, Criminal Justice, and the Death Penalty (1st ed.). New York: Oxford University Press. ISBN   978-0-19-093723-2.
  2. Edelman, Peter (2022). "Criminalization of Poverty: Fines, Fees, Money Bail and Much More". The Routledge Companion to Media and Poverty (1st ed.). New York: Routledge. p. 11. doi:10.4324/9780429291333-37. ISBN   9780429291333.
  3. Pager, Devah; Goldstein, Rebecca; Ho, Helen; Western, Bruce (2022). "Criminalizing Poverty: The Consequences of Court Fees in a Randomized Experiment". American Sociological Review . 87 (3): 529–553. doi:10.1177/00031224221075783. S2CID   247038184.
  4. Herring, Chris; Yarbrough, Dilara; Marie Alatorre, Lisa (2019). "Pervasive Penality: How the Criminalization of Poverty Perpetuates Homelessness". Social Problems . 67 (1): 131–149. doi:10.1093/socpro/spz004.
  5. Gustafson, Kaaryn (2008–2009). "The Criminalization of Poverty". Journal of Criminal Law and Criminology. 99 (3): 643.

Further reading