Are all men (and women) really equal in the eyes of the law? Many in people in the U.S. would argue that
women, minorities, children, homosexuals and many other groups of our citizens
do not have the same access to our legal system or the same standing if and when
they find it. Tragically, there is a
group that ranks even below our “second class” citizens; that would be our
homeless, the people with no voice. They
don’t have political action committees, they don’t have Hollywood’s attention, and
they don’t generate controversial social issues that can equal votes for
politicians. All they really have is
what they shove into a backpack or pile into a stolen grocery cart. So are all men truly created equal? Sadly, the answer is no. This is an ethical dilemma. Principle
C; Justice, calls for fair access to
services .
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| "who is going to represent me" |
In a
study conducted by Mark Stoner he states in his article The Civil Rights of
Homeless People; Law, Social Policy and Social Practice that the homeless are
grossly underrepresented in our legal system today (Stoner, 1995). It could be reasonably argued that access to
our legal system is diminished when you don’t possess a regular address, you
already mistrust the government and institutions that represent it, you suffer
from emotional and mental issues that impact your ability to function among
others or you simply don’t have the resources to obtain quality
representation. But that is not an
excuse for a society to at least have a process in place when someone manages
to find their way into a local courthouse, public defender’s office or legal
clinic. Much like with healthcare
access, when they do find their way they are met with an unwelcoming tone and
the shifting of waiting room patrons trying to move away from the stench of
street life. These acts violate standard 3.01, Unfair
Discrimination or 3.03, other harassment.
How
could this be corrected? It is not an
easy fix. However, when veterans began experiencing
issues with the court system related to PTSD and Traumatic Brain Injury (TBI),
the courts adjusted and found methods of adjudicating casing that were sensitive
to how the veterans were responding to law enforcement and the judicial
system. Why couldn’t a similar strategy
be used for homeless people? Why couldn’t
a court system employ social workers to make sure that plaintiffs and victims
are being cared for and basic needs being met as their case moves through the
system? So often in criminal cases transient
victims don’t show up for important hearings and ultimately the bad guy gets
away with victimizing another person with no punishment. We offer temporary shelter and accommodation to
many groups of people why not the homeless who have business with our
courts?
Advocacy
groups offer similar services to their plaintiffs when class action suits are
filed for their prospective causes. Why can’t
volunteer advocacy groups offer shelter to those seeking justice? What if local churches opened their doors to
these people as they learn how the judicial system works? This violates our standard to Avoid Harm, 3.4. Tragically, it’s easier to look the other
way. After all you generally don’t see
public service announcements about homeless people or information commercials
about hungry children in the U.S.. Those
images are reserved for un-adopted pets, foster children and Africans with
bloated abdomens as they slow starve to death or die of AIDS.
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| Courthouse sign:SHOES AND SHIRTS REQUIRED, "Now What?" |
Fortunately,
there are some groups taking action. In
Philadelphia there is a volunteer group called Homeless Advocacy Project
(HAP). This group of volunteer attorneys
has begun meeting the homeless where they are to offer free legal
services. Their offices have become the
counters at soup kitchens and shelters.
They meet clients at bus stops and under bridges. In addition they have set up relationships
with local shelters and service providers to help their clients as they work
with them through their complex legal issues.
While most of this blog discusses the unethical failures of our society
this group is a shining star of ethical behavior in Philadelphia, the “city of
brotherly love”. It is nice to end a
blog on a positive note once in a while!
References
Stoner,
M. R. (1995). The civil rights of homeless people: law, social policy, and
social work practice. The Civil Rights Of Homeless People: Law, Social
Policy, And Social Work Practice,
Simone,
D. (2014), Homeless and legal aid. Internet home page and mission statement.
Hey John, very well written blog! I have spent a few periods of my life as a homeless person, it's horrible. It was back in 1989, in NYC. My drug use was real bad, my parents, who I usually ran to in times of trouble were finished helping me, and I would often spend nights sleeping on NYC Subway trains. I tried to get help from the city, but didn't have any identification, and that was a factor in my not getting any help. I can add that I could've went to homeless shelters, but was too scared, I heard of people being attacked and beat up for any belongings they might have, so I opted to "do more dope" and sleep on a train until morning. Luckily I had a very good friend that I grew up with help me and let me use the back of his store to clean up, and look for jobs and try and find help (always unavailable). I believe that there is more help available today then back in 1989, but as you say, some of these people are mentally challenged, or drug addicted and unable to access the help they need. I was pretty lucky to have had some friends help me through these times, most homeless people are not.
ReplyDeleteHey John nice blog! I to have been homeless on several occasions, my homelessness was a direct result of drug and alcohol abuse and running from the law. My thing was I burnt a lot of bridges through my addiction, I stole from family, friends and ripped off anyone who gave me chance to get into their home, whether they were home or not so no one trusted me. The law was always after me for one thing or another, so I would go from Reading, pa. to Lancaster, Harrisburg, York, Lebanon and any nearby towns that had a hope rescue mission or similar and hide out with a fake name until caught and back to jail. But on the bright side getting sober and getting help pulled me away from all that. I have met a lot of homeless people in the missions from all walks of life, and a lot of us had similar stories, drug/ alcohol abuse, broken homes, mental health issues or some just had bad breaks like losing a job or some other kind of stability and ended up homeless. I do believe that a lot of those people we see at the shelters and missions want to get help and be better, but either don't know how, or are running from something, or just can't get the break they need to get back on their feet. I know from experience I was miserable and lonely but was so caught up in drug/alcohol and legal issues that I didn't see a way out. I was explaining to Sherrill how my father used to say I am going to hurt you in order to help you, he meant doing something uncomfortable to me or for me that may hurt my feelings or pride, but was going to help me in the long run. My going away to prison for a few years had that affect, it got me off the streets, I paid my debt to society, and a chance to look at my life in clear minded way and come out with a clean slate, sober and clean then it was my choice to go back to the old or start new on a better path, I chose to straighten up.
DeleteWhen I see people in the middle of the highways or on the street corners with signs in their hands that read "will work for food" or "homeless" or "anything helps," I can't help but to think, what if this is a hoax? My heart always tells me to give spare change, to help in any way I can, but then that thought crosses my mind. I never know if it's a real homeless person or if they are just there trying to play this game of "how much money can I get from these fools today?" After giving money to those homeless people I see around my town, I tell God, "My intention was good, I just hope their intention was too."
ReplyDeleteOn another note, It's really sad that our society consists of so many homeless people. Considering the United States is one of the richest countries in the world, why are there still homeless individuals? I think this is a really great topic John. Hopefully, the people of our nation can help with lowering the numbers of homeless people.