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1 +Framework
2 +The role of the ballot is to evaluate the simulated consequences of aff policy vs a competing neg policy option using a consequentialist standard.
3 +Ideal theory strips away particularities making ethics inaccessible and epistemically skewed
4 +Mills 05, Charles, 2005, Ideal Theory” as Ideology,
5 +“The crucial common claim—whether couched in terms of ideology and fetishism, or androcentrism, or white normativity—is that all theorizing, both moral and nonmoral, takes place in an intellectual realm dominated by concepts, assumptions, norms, values, and framing perspectives that reflect the experience and group interests of the privileged group (whether the bourgeoisie, or men, or whites). So a simple empiricism will not work as a cognitive strategy; one has to be self-conscious about the concepts that “spontaneously” occur to one, since many of these concepts will not arise naturally but as the result of social structures and hegemonic ideational patterns. In particular, it will often be the case that dominant concepts will obscure certain crucial realities, blocking them from sight, or naturalizing them, while on the other hand, concepts necessary for accurately mapping these realities will be absent. Whether in terms of concepts of the self, or of humans in general, or in the cartography of the social, it will be necessary to scrutinize the dominant conceptual tools and the way the boundaries are drawn. This is, of course, the burden of standpoint theory—that certain realities tend to be more visible from the perspective of the subordinated than the privileged (Harding 2003). The thesis can be put in a strong and implausible form, but weaker versions do have considerable plausibility, as illustrated by the simple fact that for the most part the crucial conceptual innovation necessary to map nonideal realities has not come from the dominant group. In its ignoring of oppression, ideal theory also ignores the consequences of oppression. If societies are not oppressive, or if in modeling them we can abstract away from oppression and assume moral cognizers of roughly equal skill, then the paradigmatic moral agent can be featureless. No theory is required about the particular group-based obstacles that may block the vision of a particular group. By contrast, nonideal theory recognizes that people will typically be cognitively affected by their social location, so that on both the macro and the more local level, the descriptive concepts arrived at may be misleading.” (175)
6 +This approach to ethics justifies focus on resolving material conditions of violence. Morality isn’t just something that we strive for in a vaccum, rather, we resolve it based on the empirical world. Pappas 16
7 +Gregory Fernando Pappas Texas AandM University “The Pragmatists’ Approach to Injustice”, The Pluralist Volume 11, Number 1, Spring 2016,
8 +In Experience and Nature, Dewey names the empirical way of doing philosophy the “denotative method” (LW 1:371).18 What Dewey means by “denotation” is simply the phase of an empirical inquiry where we are con- cerned with designating, as free from theoretical presuppositions as possible, the concrete problem (subject matter) for which we can provide different and even competing descriptions and theories. Thus an empirical inquiry about an injustice must begin with a rough and tentative designation of where the injustices from within the broader context of our everyday life and activities are. Once we designate the subject matter, we then engage in the inquiry itself, including diagnosis, possibly even constructing theories and developing concepts. Of course, that is not the end of the inquiry. We must then take the results of that inquiry “as a path pointing and leading back to something in primary experience” (LW 1:17). This looping back is essential, and it neverends as long as there are new experiences of injustice that may require a revi- sion of our theories.¶ Injustices are events suffered by concrete people at a particular time and in a situation. We need to start by pointing out and describing these prob- lematic experiences instead of starting with a theoretical account or diagnosis of them. Dewey is concerned with the consequences of not following the methodological advice to distinguish designation from diagnosis. Definitions, theoretical criteria, and diagnosis can be useful; they have their proper place and function once inquiry is on its way, but if stressed too much at the start of inquiry, they can blind us to aspects of concrete problems that escape our theoretical lenses. We must attempt to pretheoretically designate the subject matter, that is, to “point” in a certain direction, even with a vague or crude description of the problem. But, for philosophers, this task is not easy because, for instance, we are often too prone to interpret the particular problem in a way that verifies our most cherished theories of injustice. One must be careful to designate the subject matter in such a way as not to slant the question in favor of one’s theory or theoretical preconceptions. A philosopher must make an honest effort to designate the injustices based on what is experienced as such because a concrete social problem (e.g., injustice) is independent and neutral with respect to the different possible competing diagnoses or theories about its causes. Otherwise, there is no way to test or adjudicate between competing accounts.¶ That designation precedes diagnosis is true of any inquiry that claims to be empirical. To start with the diagnosis is to not start with the problem. The problem is pretheoretical or preinquiry, not in any mysterious sense but in that it is first suffered by someone in a particular context. Otherwise, the diagnosis about the causes of the problem has nothing to be about, and the inquiry cannot even be initiated. In his Logic, Dewey lays out the pattern of all empirical inquiries (LW 12). All inquiries start with what he calls an “indeterminate situation,” prior even to a “problematic situation.” Here is a sketch of the process:¶ Indeterminate situation → problematic situation → diagnosis: What is the problem? What is the solution? (operations of analysis, ideas, observations, clarification, formulating and testing hypothesis, reasoning, etc.) → final judgment (resolution: determinate situation)¶ To make more clear or vivid the difference of the starting point between Anderson and Dewey, we can use the example (or analogy) of medical prac- tice, one that they both use to make their points.19 The doctor’s startingpoint is the experience of a particular illness of a particular patient, that is, the concrete and unique embodied patient experiencing a disruption or prob- lematic change in his life. “The patient having something the matter with him is antecedent; but being ill (having the experience of illness) is not the same as being an object of knowledge.”20 The problem becomes an object of knowledge once the doctor engages in a certain interaction with the patient, analysis, and testing that leads to a diagnosis. For Dewey, “diagnosis” occurs when the doctor is already engaged in operations of experimental observation in which he is already narrowing the field of relevant evidence, concerned with the correlation between the nature of the problem and possible solu- tions. Dewey explains the process: “A physician . . . is called by a patient. His original material of experience is thereby provided. This experienced object sets the problem of inquiry. . . . He calls upon his store of knowledge to sug- gest ideas that may aid him in reaching a judgment as to the nature of the trouble and its proper treatment.”21¶ Just as with the doctor, empirical inquirers about injustice must return to the concrete problem for testing, and should never forget that their con- ceptual abstractions and general knowledge are just means to ameliorate what is particular, context-bound, and unique. In reaching a diagnosis, the doc- tor, of course, relies on all of his background knowledge about diseases and evidence, but a good doctor never forgets the individuality of the particular problem (patient and illness).¶ The physician in diagnosing a case of disease deals with something in- dividualized. He draws upon a store of general principles of physiology, etc., already at his command. Without this store of conceptual material he is helpless. But he does not attempt to reduce the case to an exact specimen of certain laws of physiology and pathology, or do away with its unique individuality. Rather he uses general statements as aids to direct his observation of the particular case, so as to discover what it is like. They function as intellectual tools or instrumentalities. (LW 4:166)¶ Dewey uses the example of the doctor to emphasize the radical contex- tualism and particularism of his view. The good doctor never forgets that this patient and “this ill is just the specific ill that it is. It never is an exact duplicate of anything else.”22 Similarly, the empirical philosopher in her in- quiry about an injustice brings forth general knowledge or expertise to an inquiry into the causes of an injustice. She relies on sociology and history as well as knowledge of different forms of injustice, but it is all in the service of inquiry about the singularity of each injustice suffered in a situation.¶ The correction or refinement that I am making to Anderson’s character- ization of the pragmatists’ approach is not a minor terminological or scholarly point; it has methodological and practical consequences in how we approach an injustice. The distinction between the diagnosis and the problem (the ill- ness, the injustice) is an important functional distinction that must be kept in inquiry because it keeps us alert to the provisional and hypothetical aspect of any diagnosis. To rectify or improve any diagnosis, we must return to the concrete problem; as with the patient, this may require attending as much as possible to the uniqueness of the problem. This is in the same spirit as Anderson’s preference for an empirical inquiry that tries to “capture all of the expressive harms” in situations of injustice. But this requires that we begin with and return to concrete experiences of injustice and not by starting with a diagnosis of the causes of injustice provided by studies in the social sciences, as in (5) above. For instance, a diagnosis of causes that are due to systematic, structural features of society or the world disregards aspects of the concrete experiences of injustice that are not systematic and structural.¶ Making problematic situations of injustice our explicit methodological commitment as a starting point rather than a diagnosis of the problem is an important and useful imperative for nonideal theories. It functions as a directive to inquirers toward the problem, to locate it, and designate it before venturing into descriptions, diagnosis, analysis, clarifications, hypotheses, and reasoning about the problem. These operations are instrumental to its ame- lioration and must ultimately return (be tested) by the problem that sparked the inquiry. The directive can make inquirers more attentive to the complex ways in which such differences as race, culture, class, or gender intersect in a problem of injustice. Sensitivity to complexity and difference in matters of injustice is not easy; it is a very demanding methodological prescription because it means that no matter how confident we may feel about applying solutions designed to ameliorate systematic evil, our cures should try to address as much as possible the unique circumstances of each injustice. The analogy with medical inquiry and practice is useful in making this point, since the hope is that someday we will improve our tools of inquiry to prac- tice a much more personalized medicine than we do today, that is, provide a diagnosis and a solution specific to each patient.
9 +Thus, the standard is resolving material conditions of violence. Prefer additionally:
10 +First, the standard outweighs on actor specificity. Government must be practical and cannot concern itself with metaphysical questions – its only role is to protect citizens’ interests
11 +Rhonheimer 05 (Martin, Prof Of Philosophy at The Pontifical University of the Holy Cross in Rome). “THE POLITICAL ETHOS OF CONSTITUTIONAL DEMOCRACY AND THE PLACE OF NATURAL LAW IN PUBLIC REASON: RAWLS’S “POLITICAL LIBERALISM” REVISITED” The American Journal of Jurisprudence vol. 50 (2005), pp. 1-70
12 +“It is a fundamental feature of political philosophy to be part of practical philosophy. Political philosophy belongs to ethics, which is practical, for it both reflects on practical knowledge and aims at action. Therefore, it is not only normative, but must consider the concrete conditions of realization. The rationale of political institutions and action must be understood as embedded in concrete cultural and, therefore, historical contexts and as meeting with problems that only in these contexts are understandable. A normative political philosophy which would abstract from the conditions of realizability would be trying to establish norms for realizing the "idea of the good" or of "the just" (as Plato, in fact, tried to do in his Republic). Such a purely metaphysical view, however, is doomed to failure. As a theory of political praxis, political philosophy must include in its reflection the concrete historical context, historical experiences and the corresponding knowledge of the proper logic of the political. 4 Briefly: political philosophy is not metaphysics, which contemplates the necessary order of being, but practical philosophy, which deals with partly contingent matters and aims at action. Moreover, unlike moral norms in general-natural law included-which rule the actions of a person-"my acting" and pursuing the good-the logic of the political is characterized by acts like framing institutions and establishing legal rules by which not only personal actions but the actions of a multitude of persons are regulated by the coercive force of state power, and by which a part of citizens exercises power over others. Political actions are, thus, both actions of the whole of the body politic and referring to the whole of the community of citizens. 5 Unless we wish to espouse a platonic view according to which some persons are by nature rulers while others are by nature subjects, we will stick to the Aristotelian differentiation between the "domestic" and the "political" kind of rule 6: unlike domestic rule, which is over people with a common interest and harmoniously striving after the same good and, therefore, according to Aristotle is essentially "despotic," political rule is exercised over free persons who represent a plurality of interests and pursue, in the common context of the polis, different goods. The exercise of such political rule, therefore, needs justification and is continuously in search of consent among those who are ruled, but who potentially at the same time are also the rulers. Thus, unlike individual ethics, which is concerned with the goodness, fulfillment and flourishing of human persons, political ethics and philosophy-as a conception of political action and the political, that is, the common good -must be right from the beginning, and even on the level of basic principles, prudential in a specific way: it is a principled kind of prudence, based on the specific subject matter of the political, that guides actions-e.g., lawmaking—chosen for, and in many cases in behalf of, a multitude of free persons the results of which are enforced by means of the coercive apparatus of what we nowadays call "the state." This principled kind of political prudence and its inherent logic of specifically political justification constitute "public reason." “
13 +This means that a) you reject abstract ethical theories—at the end of the day, no one cares whether they willed a contradiction or not, but rather the government concerns itself with outcomes of its actions, and b) absent of the neg explaining why they link to political philosophy, you default my framework.
14 +1AC – Advantage
15 +Inherency
16 +The housing agency currently uses a 1-strike policy in which any arrest is sufficient for denial of housing.
17 +Cammett 16 Cammett, Ann (Professor of Law, Director, Family Law Practice Clinic, City University of New York School of Law). "Confronting Race and Collateral Consequences in Public Housing." Seattle UL Rev. 39 (Summer 2016): 1123.
18 +One Strike remained in place as the default policy in many places, and most PHAs throughout the country have prevented formerly incarcerated people from returning to their homes or living with their family members in subsidized housing. In response to this problem, cities such as New York, Oakland, and Chicago have implemented reforms in tenant-selection criteria that ensure a person's application for housing is not negatively impacted by a criminal record. While commendable, these *1148 are pilot projects and do not represent an overall shift in policy. Since Rucker unanimously upheld the One Strike provisions, PHAs had no incentive to radically change course and, instead, continued to vest decisionmaking on individual cases to local housing managers who either apply the strict liability standard or use vague criteria to exercise discretion. However, in 2015, HUD released guidance clarifying clarified the One Strike policy and laying out best practices for PHAs public housing authorities. It reminds PHAs that HUD does not require them to adopt or enforce One Strike rules that deny admission to anyone with a criminal record or require automatic eviction any time a household member engages in criminal activity in violation of their lease. It also makes clear that arrests without conviction are not sufficient grounds for eviction or denial of housing. To this end, PHAs were put on notice that they could not afford to ignore the disparate racial impact of arrest record screening. As noted in a report from the Shriver Center, "These entities are specifically tasked with the duty to administer these federally assisted housing programs in a manner that will affirmatively further fair housing." The Fair Housing Act outlaws housing discrimination, including racially neutral policies that have an unjustified disparate impact on racial minorities. Though facially neutral, arrest record screening disparately impacts racial minorities because their rate of arrest is disproportionate to that of the general population. Thus, HUD has an interest in monitoring the criteria that PHAs use to screen out tenants for arrests that did not result in conviction. Regardless of the nature of the criminal activity, all PHAs should establish and clarify their criteria for tenant selection and evictions and, at the very least, adopt the 2015 clarifying recommendations of HUD.
19 +Plan
20 +Plan: Resolved: The United States Federal Government should implement the right to housing by rejecting automatic exclusion and 1-strike laws.
21 +Carey 1, Corinne (researcher with the U.S. Program at Human Rights Watch) "No second chance: People with criminal records denied access to public housing." U. Tol. L. Rev. 36 (2005): 545.
22 +The United States should abandon "one strike" policies, reject all automatic federal exclusions, and prohibit local housing authorities from establishing their own. PHAs should be required to undertake individualized and meaningful assessments of each applicant to ascertain whether they pose a risk to the safety, health, and welfare of existing tenants. The United States must recognize that all its residents - even those who may not be appropriate for traditional public housing because of the risks they pose - have a right to decent and affordable housing. Policies that arbitrarily exclude people from public housing do not advance public safety - they undermine it. Denying housing to those with the fewest options threatens the health and safety of people with criminal records and, indeed, the safety of entire communities.
23 +Independent of solvency, the 1AC leads to a spillover effect- rights based approach to housing is key to spurring more positive policy reform,
24 +Adams 08, Kristen David (Professor of Law, Stetson University College of Law). "Do we need a right to housing." Nev. LJ 9 (2008): 275.
25 +Rights are more powerful than goals, policies, commitments, and other non-rights. One illustration of this truth is that the United States has recognized a commitment to “a decent home and a suitable living environment for every American family” dating back to 1949.162 This resolution came from President Franklin Delano Roosevelt’s 1944 State of the Union Address, in which he urged the adoption of a “Second Bill of Rights” that would include a right to housing.163 Congress officially adopted Roosevelt’s housing goal in 1949.164 Thus, a commitment to housing for all persons in the United States is not an entirely new concept, but creating an affirmative right to housing would take Congress’ previous commitment to a whole new level and require that it be met. The 1949 commitment lacked specific goals that would have made it enforceable and meaningful.165 Currently, the United States falls far short of providing housing to every family in America who needs it; instead, only about one-fourth of those who qualify for housing assistance actually receive it.166 The 1949 commitment can therefore be seen as an example of why affordable housing goals are not sufficient. Instead, rights are required.167 Rights, unlike goals, tend to provide the level of specificity needed to motivate follow through. Unlike goals, rights also create grounds for litigation if no follow through is forthcoming.168 In addition to having greater power than non-rights, rights create legitimacy for programs to enforce those rights. Having a right to housing should put the brakes on continual budget cuts for housing programs in the legislative appropriations process. Making housing a right may also motivate increased construction of affordable housing.
26 +Moreover, a right to housing would be key to solving for housing segregation, which divides and excludes people from the city.
27 +Bryson 06 David Bryson (Attorney for the National Housing Law Project) A Right to Housing, edited by Rachel Bratt, et al., Temple University Press, 2006.
28 +From a constitutional Right to Housing, the courts also may develop local governmental responsibility to ensure security from crime. The provider of housing may have certain responsibilities regarding security—for example, installing and maintaining adequate locks and lighting—but landlords’ and developers’ ability to protect residents from criminal activities is limited. Courts interpreting a constitutional Right to Housing would eventually have to decide what obligations a local government must assume in that regard. A similar analytical process would be undertaken with respect to other neighborhood conditions. As attributes of a Right to Housing that relate to location work their way through the judicial system, there will be details regarding local governments’ obligations to ensure adequate municipal services, insulation from environmental hazards and accessibility to commercial and professional facilities. New life may be breathed into the original equalization of municipal services cases. More work also will be done on the remedies for those local governments and public housing authorities that have operated racially segregated housing systems since the 1930s. Strategies need to be developed, now that the federal government is putting so much effort into tearing down large components of those systems, to impose liability upon the government agencies involved to replace the demolished units with decent, affordable housing that is made available to the individuals and groups that have suffered the discrimination in the past. It also may be possible to expand the bases for governmental liability beyond their having operated segregated public and assisted housing programs. Many other governmental actions have contributed to racial segregation in housing and the unequal neighborhood conditions that people of color have suffered and are still suffering. One example is stimulation of the development of virtually all-white suburban neighborhoods of single-family homes with racially restricted FHA and VA mortgage insurance and guarantees, the funding of highways and other commuter transportation systems and the maintenance of the federal and state mortgage interest deductions and other tax deductions that made homeownership affordable to the white middle class. Another is government choice to locate highways, industry, waste disposal facilities and other uses with deleterious consequences in or near neighborhoods where people of color live, while withholding from such neighborhoods the services and funding that they need to be equally decent places to live (see South Camden Citizens in Action). A third is the use of state governmental power to establish separate local governments with their own taxing and spending powers that enable the more wealthy, predominantly white communities to achieve residential environments that are in better physical condition, more secure from crime, better served by governmental agencies, more endowed with commercial facilities and, of course, served by better schools. Litigation based upon these theories would be ambitious to say the least, but achieving a Right to Housing that includes freedom from discrimination will add strength to the litigation theories.
29 +Advantage 1 is Accessibility
30 +One strike laws lead to people coming out of prison struggling with housing access.
31 +Moraff 14 Cristopher Moraff “Housing first Helps Keep Ex-Inmates off the streets (and Out of Prison)” July 23, 2014 https://nextcity.org/daily/entry/housing-first-former-prisoners-homelessness
32 +Many of the roughly 10,000 inmates who exit U.S. prisons each week following incarceration face an immediate critical question: Where will I live? While precise numbers are hard to come by, research suggests that, on average, about 10 percent of parolees are homeless immediately following their release. In large urban areas, and among those addicted to drugs, the number is even higher — exceeding 30 percent. “Without a safe and stable place to live where they can focus on improving themselves and securing their future, all of their energy is focused on the immediate need to survive the streets,” says Faith Lutze, criminal justice professor at Washington State University. “Being homeless makes it hard to move forward or to find the social support from others necessary to be successful.” Although education, employment, and treatment for drug and mental health issues all play a role in successful reintegration, these factors have little hope in the absence of stable housing. Yet, few leaving prison have the three months’ rent typically required to get an apartment. Even if they did, landlords are given wide latitude in denying leases to people with a criminal record in many states. Further, policies enacted under the Clinton administration continue to deny public housing benefits to thousands of convicted felons — the majority of whom were rounded up for non-violent offenses during the decades-long War on Drugs. Some are barred for life from ever receiving federal housing support. As a result, tens of thousands of inmates a year trade life in a cell for life on the street. According to Lutze, with each passing day, the likelihood that these people will reoffend or abscond on their parole increases considerably.
33 +And, the impact is massive- broad definitions lead to many people being denied access to resources they desparately need.
34 +Carey 2 Corinne (researcher with the U.S. Program at Human Rights Watch) "No second chance: People with criminal records denied access to public housing." U. Tol. L. Rev. 36 (2005): 545.
35 +Using the authority given to them by HUD, PHAs have adopted a variety of definitions, graphs, and matrices to guide staff evaluating applicants with criminal records. All too often, however, the criteria they have adopted are unduly broad, failing to provide any guidance on how to determine when ex-offenders or people with arrest records pose a risk to other tenants and when they do not, and which crimes warrant particular scrutiny. In addition, the periods of time during which applicants with criminal records are excluded are often unreasonably long. The impact of existing criteria is enhanced because most PHAs do not conduct an individualized assessment or consider evidence of rehabilitation or mitigation before rejecting an applicant. They have, in effect, adopted misguided "zero tolerance" policies that arbitrarily exclude needy applicants from public housing.
36 +One strike laws massively over-expand state power, leading to enhanced militarization over life and racially biased tensions.
37 +Cammett 2, Ann (Professor of Law, Director, Family Law Practice Clinic, City University of New York School of Law). "Confronting Race and Collateral Consequences in Public Housing." Seattle UL Rev. 39 (Summer 2016): 1123.
38 +Stated differently, the impact of One Strike redounds to the detriment of some innocent people who have the least power and economic resources to resist its full impact. Low-income tenants, especially older mothers trying to old families together, are the ones that invoke the most compelling claims of unfairness. As Austin notes, "cultural norms suggest that mothers are supposed to have sufficient social or moral authority with which to deter criminal behavior by their children." n104 However, evictions can and do routinely occur for minor marijuana use, an activity which is fairly common among youth. n105 It is well established that this type of recreational drug use exists among all racial and economic *1142 groups, and is not more prevalent among African Americans. n106 However, parents and children living in public housing, especially African Americans living in public housing, are especially vulnerable to surveillance and state intervention in the form of police presence, selective prosecutions, and disparate outcomes in criminal courts. n107 If the goal of zero-tolerance statutes is to invest these authorities with the power to evict violent drug dealers, they already possess the tools to do so under the criminal law, infused with enhanced militarization of policing. n108 It might seem obvious, but targeting criminal gangs who are running amok in housing projects is the job of law enforcement, which has at its disposal a panoply of criminal statutes to do its work. n109 Since knowledge or fault is not a predicate for evictions for tenants like Pearlie Rucker, local PHAs are wielding power to evict innocent tenants in an overinclusive way, and in doing so have the imprimatur of the U.S. Supreme Court and many policymakers.
39 +Advantage 2 is Crime
40 +Stable Housing decreases recidivism rates
41 +Moraff 2 Cristopher Moraff “Housing first Helps Keep Ex-Inmates off the streets (and Out of Prison)” July 23, 2014 https://nextcity.org/daily/entry/housing-first-former-prisoners-homelessness
42 +Lutze says stable housing not only reduces violations of public order laws related to living and working on the street, but it increases exposure to pro-social networks and provides a sense of safety and well-being conducive to participating in treatment and other services. That not only improves community safety, she says, but it “reduces the economic and human costs of ex-offenders cycling through our jails and prisons just because they do not have a safe place to live.” While this seems like a common sense strategy, programs that place housing at the forefront of prisoner reentry are actually relatively scarce in the U.S., and have historically been driven by a handful of pioneering non-profits. Since the 1990s, the New York-based Fortune Society has graduated hundreds of ex-offenders from its transitional housing facility in West Harlem, known as “The Castle.” The program has been so successful — with recidivism rates as low as one percent — that the group received city support to open a second facility, Castle Gardens, in 2010. A similar program run by the Delancey Street Foundation in San Francisco, offers housing and support services to drug addicts, many of them ex-offenders, in six cities. For all their success, access to these programs is limited, and demand regularly exceeds supply.
43 +
44 +That’s key to stability of families- millions of families are disproportionately affected when their loved ones are denied housing.
45 +Cammett 3 Cammett, Ann (Professor of Law, Director, Family Law Practice Clinic, City University of New York School of Law). "Confronting Race and Collateral Consequences in Public Housing." Seattle UL Rev. 39 (Summer 2016): 1123.
46 +While barriers to public housing are typically framed as an individual problem, the more profound impact of housing instability may be on the family as a whole. Affordable housing is foundational to the economic security of individuals, and especially low-income families. The Center for American Progress estimates that between 33 million and 36.5 million children in the United States~-~-nearly half of U.S. children~-~-now have at least one parent with a criminal record. n118 Having a stable home, along with employment, has powerful anti-recidivism effects for parents with criminal histories. n119 When parents are rejected from public housing through the One Strike policy they are at greater risk of homelessness *1144 and family disintegration. n120 Moreover, the inability to establish safe and consistent housing can leave some families vulnerable to intervention by child welfare agencies.
47 +The plan is also key to public safety- 1-strike laws cause many ex-cons to live on the street or bounce around, increasing the chance of more violence, creating a vicious cycle.
48 +Carey 3 , Corinne (researcher with the U.S. Program at Human Rights Watch) "No second chance: People with criminal records denied access to public housing." U. Tol. L. Rev. 36 (2005): 545.
49 +Many of those excluded from public housing live on the streets, in overcrowded shelters, and in squalid transient or SRO hotels. In the best of circumstances, they crowd into the homes of family or friends for short periods of time or live in apartments they cannot afford the following month. Many of them had no housing options other than those which were rife with domestic abuse, violence, crime, and surrounded by harmful drug and alcohol use. Indeed, denying people with criminal records some form of affordable housing may creates a greater threat to public safety for communities surrounding PHA developments. Life on the streets can create desperation and incentives to break the law. "Homeless people are much more likely to collect criminal records just for being there - for living private lives in public places," explained the director of Baltimore's Healthcare for the Homeless. "If I want to drink a couple of bottles of wine, no problem. On a street corner, there are consequences." n96
50 +That also forces difficult choices for families with children- families are either forced to split up or live without a house destroying lives.
51 +Carey 4, Corinne (researcher with the U.S. Program at Human Rights Watch) "No second chance: People with criminal records denied access to public housing." U. Tol. L. Rev. 36 (2005): 545.
52 +Lacking stable housing, parents returning from incarceration are unable to regain custody of their children. n97 Child welfare officials remove children *565 from families that cannot provide them with stable housing. Families are forced to choose between staying together or excluding a member of the household with a criminal record, in order to secure affordable housing for the rest of the family. Policies that so obviously impede the ability of families to reunite or remain together flatly contradict the "family values" espoused in the United States. n98 These policies also violate principles of international law. n99 . Transient living disrupts a child's education, emotional development, and sense of well-being. There is no way to know how many children are excluded along with their parents from public housing. But we do know that an estimated 1.5 million minor children have at least one parent in prison on any given day in the United States, and over ten million had a parent in prison at one point in their lives. n100 Children are "in some ways ... the unseen victims of the prison boom and war on drugs," n101 and, hence, they are the unseen victims of exclusionary housing policies.
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1 +2017-03-10 22:12:49.20
Judge
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1 +Sheldon Stewart
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1 +Westwood JA
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1 +32
Round
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1 +5
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1 +Strake Jesuit Li Aff
Title
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1 +MA - Convicts AC
Tournament
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1 +TFA State

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