Legalizing Exclusion: Policy Diffusion and Criminalization of the American Unhoused

Fisher, Emerson

Undergraduate Honors Thesis

Legalizing Exclusion: Policy Diffusion and Criminalization of the American Unhoused 公开 Deposited

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Citeable URL: https://scholar.colorado.edu/concern/undergraduate_honors_theses/0v838203k

Abstract

Over the past 40 years, the criminalization of life sustaining activities for unhoused communities has steadily increased alongside the population of houseless individuals. In this thesis I will analyze the effects of policy diffusion in the adoption of criminalization laws affecting unhoused people across the Western United States. Firstly, I investigate the environment of the American unhoused, illuminating the vast population of affected individuals and the institutional pressures that often prevent the escape from cyclical poverty and displacement. Next, I assess whether the increasing visibility of houselessness has amplified the issue’s political salience, finding that there is vast attention and social discontent regarding the magnitude of the present houseless communities. I hypothesize that, due to the constituent discontent and demand for immediate action regarding growing unhoused communities, cities look to one another for inspiration on legislative action. I propose that this reference from lawmakers comes in the form of imitative policy diffusion from spatial and ideological neighbors. By utilizing data from the National Law Center on Homelessness and Poverty on code presence alongside my own independent research on municipal codification dates, I produce a series of original models investigating the likelihood of policy diffusion influencing the probability of cities adopting criminalization policies. I ultimately fail to find substantial evidence that supports this theory. The thesis reveals a few of the many influences in municipal policy adoption and underscores the multifaceted challenges posed to urban policy. It highlights the challenges that cities face in balancing the demands of diverse constituencies and the rights of marginalized groups, opening a dialogue on how democracy represents and responds to vulnerable sections of society. The models shed light on democratic responsiveness while urging a reconsideration of current strategies that prioritize the interests of the vocal majority over the needs of the unhoused minority.

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