Can I Sleep Here? The Eighth Amendment’s Role in Relation to the Criminalization of Life-Sustaining Acts for Homeless Americans

Muriel Owen '25

Law, Sociology

This thesis is a socio-legal exploration of U.S. constitutional law, specifically the Eighth Amendment’s Cruel and Unusual Punishments Clause. It addresses the criminalization of unhoused people for sleeping in public when shelters are available in theory, but not in practice. Focusing on the landmark cases Martin v. City of Boise (2019) and City of Grants Pass v. Johnson (2024), it combines legal analysis, empirical evidence, and international comparisons to substantiate that current approaches to addressing homelessness often fail to protect basic human rights. It calls for judicial and legislative reforms that prioritize housing-first solutions over criminalization.

What drew you to explore this topic?

My time at UCU, especially under the guidance of Dr. Alexis Aronowitz and Dr. Diana Odier-Contreras Garduño, deepened my fascination with how law and society shape—and often fail—each other, particularly in the criminal justice system. When timely U.S. cases brought the rights of unhoused people to the Supreme Court, I felt compelled to explore a topic that speaks to both my academic curiosity and personal interest in bringing to light a population too often ignored in daily life and (legal) scholarship.

What’s the next chapter in your journey post-graduation?

After graduating from UCU this summer, I will begin an LL.M. at Leiden University in September as part of the Governance of Migration and Diversity program (in collaboration with Erasmus University Rotterdam). Building on my studies at UCU and my exchange in New Zealand, I aim to further narrow my focus on migration and deepen my expertise in this field.