As we move abruptly out
of a semester brimming with civil case law, legal nomenclature, motions,
claims and controversies, we will now have the opportunity to dip our toe ever
so gingerly into the calm, grotto black water that is the thrilling and provocative
world of criminal law.
Looking
at this topic through a local lens, there is of course big, felony cases that
draw consistent attention from the public and the media, but I want to look a
little closer at the far more common issue of petty crimes, or misdemeanors. We
all know, and maybe are responsible ourselves for one or more infractions in our lifetimes – these are
the speeding tickets, littering citations, fishing without a license or
jaywalking. Misdemeanors are the in-between. They are the status offences such as shoplifting, drugs possession,
alcohol related offences, the non-violent disputes, some of the violent
disputes, etc. There are three classes of misdemeanor crime ranging from most
severe – class A, to just above infraction – class C [1], and Salt Lake City has
a much talked about chronic homeless population that are racking up these
charges daily, but seeing little in the way of judicial intervention.
I spent
nearly six years working directly with this populations, specifically the chronically
homeless individuals with a substance or alcohol use disorder. On any given day
in Salt Lake, there are estimated to be 306 individuals who are experiencing chronic
homelessness [2], that is to say that they have been homeless and living continuously as such
for at least one year or on at least 4 separate occasions in the
last 3 years, where each homeless occasion was at least 15 days [3]. The
clients in the program for which I worked were not shy about sharing their
criminal histories and their wadded up ball of paper citations that they kept deep
and forgotten in their pockets that grew bigger each time they would come
through our doors. The Salt Lake County jail is often at capacity and will not
hold many offenders for extended time that are brought in on these misdemeanor
charges, but in some recent reports, police actions against this population are
rising. Since the launch of Operation Rio Grande 3 years ago, which was
intended to offer treatment options to addicts on the street as opposed to
jail, the city has reported an overall reduction in “lawlessness”, but there
are still reportedly 13 arrests for every treatment program placement, and
these thousands of individuals being arrested each year since Rio Grande are
being detained, jailed and released with the added burden of warrants, fines
and more charges to add to their criminal record [4]. These people should have
a way to understand and be held appropriately accountable for their criminal
charges, hopefully in a way that can prove effective in them finding a way out
of homelessness, addiction and often times a severe mental health care deficit,
but the constant arrests and fines do not just go away by themselves and
without the proper resources available, can be a major detriment to rebuilding
a life [5].
There is one specialty court in Salt Lake City that has been working on
helping these folks traverse their legal obstacles since 2004. Presided over by
The Honorable John Baxter, the Salt Lake City Homeless Court provides a judicial
intervention that can overlook the more daunting formalities associated with the
traditional court system. This court is typically held in a more comfortable environment for the population such as shelters or resource centers and caters to their overall well-being and
empowerment, with the hope that doing so will inspire compliance and follow
through with whatever legal sanctions they may be facing [6].
I remember one gentleman client that I got to know quite well over the course of my tenure with this organization offered me a list of his current, as yet to be adjudicated charges, and it was 3 1/2 pages long. That worked out to literally be hundreds of items, and yet he was constantly on the street, drinking and carrying on with his ways. Sadly, he passed away in the winter one year without having settled any of his legal matters, not that he minded, but I remember very clearly being flummoxed by the prospect of a "rap sheet" that long and no fear of consequence. What was the purpose then? It's a good system, our legal system, but one that must adapt to society just as we do, and hopefully we can find and maintain our sense of justice as it applies not just to the rule of law, but also to the nuance and diversity of humanity.
My questions to you are:
1.
Do you see
the need for any kind of reform in how we issue criminal charges to certain
groups such as the homeless and the overall efficacy thereof?
2.
Do you see
a benefit of the formation of specialty courts for specific populations, or do
you think that the traditional court system should be sufficient?
Chad, thank you for your service as an officer! I truly admire your passion and desire to reinvent yourself. No easy task. I know that you will succeed in whatever you chose.
ReplyDeleteYou have written about a topic that is always rolling around my head. I am very affected by the suffering of these victims of society or of their own making.
As a child, I was mesmerized as we drove past a state institution to get a glimpse of what we as children, perceived as “crazy people.” In times past, that is where many sick souls were housed. They were fed and cared for in a less than ideal situation but at least they weren’t sleeping in a cardboard box on the street.
It is an abomination to see our streets in Salt Lake City, or Chicago, or New York or Las Vegas, dotted with poor souls, the majority of whom, 25% - 35% are mentally ill. There are very few federal and state institutions any longer. Funding was halted many years ago.
Statistics from Harvard Medical School state that nearly 600,000 people are homeless on any given night. The US Department of Health and Human Services estimates the number of chronically homeless at 100,000-200,00. (1)
Our population has grown, the federal government no longer subsidizes the “institutions for the insane” and the drug culture has created yet another layer to an already bad situation. Further worsening mental illness. Statistics have shown that the number of homeless that are mentally ill is on the rise.
The homeless are typically the first victims to become homeless during a housing shortage or economic downturn. Once they are on the streets, their isolation becomes more serious.
The issuance of citations can only take money or restrict help for those who are not in compliance. An unresolved warrant will bar treatment or housing. Clearly, this tact is just a vicious cycle.
In answer to both your questions, Chad, my answer is a resounding yes, here is why:
There is proof that with an advocate, with a case manager, with the help of Homeless Court to monitor appointment and treatment, lives can be changed. Boston has a Homeless Court (2) and here is what I can share:
Homeless Court here in Salt Lake City, would be similar to Juvenile Court in that appropriate screening would have to happen. Each person will need to meet the mandated requirement of the court with the supervision of a social worker. Those requirements may be drug treatment or job training as an example. This sets the stage for self-sufficiency. Finally, the person returns to Homeless Court to have any charges dropped.
This step provides relief from any legal obstacle which prevent them from moving forward with their lives. It is not perfect, but perhaps we can save some from the street.
1.US Department of Housing and Urban Development “The Homeless Mentally Ill” (www.jud.gov.202-708-1112)
2. US Department of Housing and Urban Development “Boston’s Homeless Court” (https://www.hhs.gov)
I whole heartedly agree with you. People with minor offenses are crowding our county jails. Along with the homeless, there is also a high representation of the mentally ill. "People with mental illness have slipped through the cracks of the social safety net and landed in the criminal justice system disconnected from community supports." (1)
ReplyDeleteLike the Homeless court, the creation of a Mental Health court in 2001 has served this population well with therapeutic justice and an opportunity for treatment. Specialty courts like these have enhanced the participants quality of life, reduced recidivism, used limited funds in the most effective way and involved the community while also keeping it safe.
(1) Bureau of Justice Statistics, US Dept. of Justice, Pub., No. NU 174463, Mental Health Treatment of Inmates and Probationers 1 (July 1999).
Nice reference, Jordana! I agree that specialty courts such as the Mental Health court have helped immensely in giving people the service needed in order to get people the support that they need. I'm all for more specialty courts to help those in need.
DeleteThom, I agree that there should be reform in how we issue criminal charges to certain groups, such as the homeless. As your first-hand examples provide, there is folks with pages of rap sheets and either no ability or care to address this. Suffering from extreme mental health issues, domestic violence, drug use, and other issues it is quite easy to see why adding more and more warrants, fines and jail time isn’t going to work for this population. If the only place you can afford to live is on the street then what’s the point of fines, and it would seem that if you did get arrested then staying overnight in jail could be better than the streets with no food or shelter.
ReplyDeleteI ran across this PowerPoint, in which most of these examples I’ve heard before, but the statistics are just beyond alarming. (1). Some examples in Salt Lake City, is that families are the highest rate of homeless, with single mothers with children as the largest. Next it states that ‘up to 57% of all homeless families report domestic violence as the immediate cause of their homelessness. Among single mothers with children experiencing homelessness, more than 80% had previously domestic violence.’ In addition to this, it references how ‘most of the homeless population isn’t on the street during the day. They’re students in K-12 and college.’ (1) There are many facets to this from the extremely high rate (50-60%) of LGBTQ youth that are on the streets in Utah compared to (20-40%) national averages. (1) As well as the lack of affordable housing due to a housing shortage.
As we’ve discussed in our other classes, the impact that crime has within our community can be really devastating and can perpetuate isolation, fear, and mistrust between each other. In regards to the homeless population I believe that continuing to issue citations and warrants increases this impact. What is helpful is to have a strong community support in assisting with this issue. The University of Utah a few years ago created a Homeless Task Force that focuses on students who are homeless. (2) When I was invited to this meeting I had no idea how many students were homeless and in need of resources. There was concern for safety, and simple things like where a student could park on campus without incurring more fines from parking tickets, which only added to the stress and lack of emotional balance for the students. They have now created a very systematic process of how to get support for these students. In addition to this, the University of Utah created a food pantry on campus which, ‘since opening in October 2014, the volunteer-powered Feed U Food Pantry has impacted over 1,000 University of Utah members and their families’. (3) Both of these initiatives have been really powerful to see come to fruition and invites the community to support other students and staff who have needs, and ultimately helps them get on their feet.
As shown in the Homeless Task Force at the U, there is an action plan that is created. In this way the students meet one on one with someone, and a plan is created and committed too. It’s something that allows them to be accountable while also giving them that one on one cheerleader and person they can ask questions too and receive assistance. However, its efforts is to give ownership and power back to the student.
Creating specialty courts in a manner that would give this power and ownership back to someone who is homeless due to domestic violence or because they are LGBTQ could go a very long way, and I feel could ultimately assist in recidivism rates we see in the homeless community.
(1) http://www.slcpl.org/files/board/voapresentation102317.pdf
(2) https://asuu.utah.edu/displaced-students
(3) https://union.utah.edu/resources-spaces/feed-u-pantry/hours-about-us/
I do think that specialty courts are needed for the homeless and not the normal legal processes we have in place. I have also worked with this community (on a smaller scale) and usually the reason for homelessness is not because they want to be or are drug addicts it is due to mental illness. When someone has a mental illness and don't get the help or medication needed it becomes a vicious cycle of drug abuse and homelessness. Having a mental illness used to be very taboo and never talked about let alone treated. Now there is a lot of awareness but there is still a stigma. Most people also do not have the medical insurance because they can't hold down a job due to their depression and anxiety. Because they either can't hold down a job or don't have medical insurance (or both) they can't pay their bills and start using drugs for a means of medication. This is when the criminal record/charges start. Any normal working individual with no mental illness struggles to get a lawyer for simple tickets, single mothers who barely make it and have to register their car, get a ticket, ect...Imagine being a homeless person who continues to get tickets and no help. Our normal legal system is for punishment not for rehabilitation. These specialty courts are designed for rehabilitation but it sounds like there is a need for collaboration between the two court systems. Things we did years ago don't always work anymore because society changes and we need to change with society for the betterment of Humanity. Like Georgi mentioned they used to be in hospitals for the "crazy people" and Reagan did a fine job (yes I am being sarcastic) when I believe he was still the Governor California and closed down all the mental hospitals in California and they all ended up in the streets which created the massive homeless population they now have. Where were these people supposed to go? How were they supposed to cope and be in society when a court system originally deemed them "crazy" and go to an institution? There is a much needed reform in these areas and others.
ReplyDeleteThank you for the thoughtful post Tom. Someone I love is a part of this this population. T is 24, has bipolar-schizophrenia and drug/alcohol problems. My family has really struggled over the years trying to help him. I rest easy when he is admitted to the Neuropsychiatric Unit here at the University or when we find his name on the county jail roster. Not just because I know that he has a warm place to be and food to eat, but because I know he can’t hurt anyone. He was a sweet and kind kid growing up and then mental illness/drug abuse took over and he can be really scary. He grew up in a great community that really tried to help him, he has been the beneficiary of great programs over the last few years, in Utah, in California and in Michigan. AMAZING people have worked tirelessly to support him. The programs work for a while, the meds work for a while, and then he spirals. He can’t be in one place too long, he loiters, sleeps in hotel lobbies, steals essentials, steals cigarettes, steals a car, threatens someone’s life! And we start over, try to get him legal help, get him into another program and on and on…
ReplyDeleteTo Tom’s questions, yes, we need reform and a specialized court could be so valuable. T will have no idea when he is next due in court. He will likely have no idea what day it is, let alone that he is supposed to be in court on Wednesday at 10:30 am. He will have no way to get there and won’t show up unless he is doing well and in a program that provide transportation or he is being escorted to court by the jail. If he doesn’t show up there will be warrants and fines and the spiral continues.
I tell T’s story because I think it highlights the complexity of the situation. There are situations where helping people get access to support and services and programs are lifesaving and lifechanging. The more we can do to support them the better. But what do we do for people like T, who are hovering over the edge? Where jail isn’t the right place, but the safest place the system has to offer?
Thank you for your post, Thom! I think this is a great subject to write about. To answer your questions, I do think that we need a reform when it comes to special populations, such as the homeless. And I don't think that specialty courts are a bad thing in the slightest. If there is any way to help the homeless, I'm all for it.
ReplyDeleteThe interesting thing to me is that I have read books about people who actually prefer being homeless. One of the books talked about a dad who wanted to be homeless due to conspiracy theories surrounding the government taking control. Although there are people like the dad in that book who have mental health challenges, I wonder if there would be a way to allow those who prefer being homeless to live their own lives without society trying to make them live the way we want them to live. They would still be subject to the same laws that we have as home-dwellers, but they would also have the specialty courts to hear their cases.
As I drive into work everyday at 3 a.m., my heart genuinely aches for the people I pass sleeping on the street along 400 West at 5th and 4th south, especially on cold nights. During my route, I pass the homeless shelter and Pioneer Park and sometimes I see police officers talking to those sitting on the cold cement. I can’t help, but have concern for them. Not only is it hard to just get a good nights rest in such poor conditions, but also to then have to worry about what may happen around you that could bring police to the area. Maybe they are checking on these folks? Maybe they are questioning them? Maybe someone called 911? I’m never sure, but I know being homeless is far more difficult than just not having a place to call home. They end up living a much more difficultly and dangerous lifestyle and maybe some even drink just to stay warm at night and fall asleep, take away the pain of what they are going through. All of these things combined whether it’s drugs or drinking can lead to them having to face legal consequences. Like your friend who didn’t care about his “criminal wrap sheet” I don’t think many of them do. They are already down on their luck and society and the justice system doesn’t exactly make it easier for them.
ReplyDeleteI absolutely think homeless court is necessary for our homeless population. We need to provide them the same rights as anyone else’s, but in a manner that is appropriate. I am thankful we have specialty courts such as mental health and veteran court, but what if someone is all three, homeless, veteran and mentally ill? Who chooses what court they go to then? And is it the appropriate one? These populations go hand in hand, it isn’t always one or the other.
As for your other question, is there a need for any kind of reform in how we issue criminal charges to certain groups such as the homeless population? I absolutely think there should be some kind of reform, but I don’t know what exactly. I do know it just seems silly to keep fining homeless individuals for crimes such as loitering or public intoxication etc., when they have no means of paying it. In the end we are just making it more difficult for them to get out of the situation they are in because now they have a criminal record or a growing one. Currently, I feel like their fate is in the hands of the judge and I just hope, depending on the charges, it’s a compassionate judge who believes in rehabilitation opposed to punishment.
When I moved to Salt Lake City, I was in shock of how many homeless people were on the streets. How normalized it was to have a homeless person just walk down the street and literally just lie down on the sidewalk, on someone’s front lawn, to be crying in pain. And no one bats an eye.
ReplyDeleteThinking back on Operation Rio Grande, I think about how ineffective it was when it pushed out so many people due to crime and into different parts of the city. Yes it did help get some people to the proper facilities, but it was lower than the number of arrests that happened that day. I see how people tend to focus on the effects of homelesses, rather than the cause. There are people I’ve met that still believe that “poor decisions” are the main cause of homelessness. When in reality there are social and economic factors that play a part before. Lack of affordable housing, low minimum wages, increase in police presence, the list goes on. God forbids if a person gets sick, obtains a disability, goes to jail, etc. What if they lose their job, lose their home, the bread winner of the household dies. That’s how close a person is to become homeless. Then comes the drugs, alcohol and crime afterwards. We have this idea that punishment will solve crime. If we were to tackle the systemic problems that put individuals in a vulnerable position, we wouldn’t have to rely on drastic measures like operation Rio Grande. Lets stop putting money towards gentrification and more on low income housing. Less on police and more medical professionals. I would think a specialty court dedicated to homeless individuals would be a good idea. But unless the fundamental factors that create homelessness in the first place are solved, it will always be an uphill battle.