The term vagrant is used to describe a person who moves from place to place without a permanent job, home, or material resources. In some states, vagrancy is considered a criminal offense. However, some laws criminalizing vagrancy have been deemed unconstitutional due to being too vague and violating due process.
In the case of Papachristou v. City of Jacksonville, the plaintiffs were charged with various forms of vagrancy, including "prowling by auto" and "loitering." The Court determined that these charges were based on Elizabethan poor laws, which originated from labor shortages caused by the splitting of English feudal estates. These laws were intended to prevent workers from migrating in search of better conditions, with vagrancy being the criminalized aspect of the poor laws. The Court observed that while the conditions that led to the creation of these laws may no longer exist, the outdated classifications persist. Furthermore, the Court found that the ordinance was too vague to provide fair notice, leading to arbitrary and unpredictable arrests and convictions.
Additional Resources: HUD - Homelessness Resources; U.S. Department of Health and Human Services Homelessness Resources and Programs; Homeless and Housing Resource Center (HHRC); National Runaway Safeline; National Human Trafficking Resource Center
[Last updated in June of 2024 by the Wex Definitions Team]