Legal Dictionary

vagrant

Legal Definition of vagrant

Noun

  1. A tramp or homeless person.

Definition of vagrant

Pronunciation

  • (RP, US) IPA: /ˈveɪ.ɡrənt/, SAMPA: /"veI.gr@nt/

Noun

vagrant (plural vagrants)

  1. A person without a home or job.

    * 2002, Jeffrey J. Rowland, WIGU: Day two begins
    Paisley: What smells like dinosaur crap?
    Mother: Your brother wants people to think we're vagrants.
    Wigu: I stink.

  2. A wanderer.

    Every morning before work, I see that poor vagrant around the neighborhood begging for food.

Further reading

A vagrant is a person in poverty, who wanders from place to place without a home or regular employment or income.

Vagrancy in UK law

The first major vagrancy law was passed in 1349 to increase the workforce following the Black Death by making "idleness" (unemployment) an offense. By the 1500s the statutes were mainly used as a means of controlling criminals. In the 16th and 17th century in England, a vagrant was a person who could work, but preferred not to (or could not find employment, so took to the road in order to do so), or one who begs for a living. Vagrancy was illegal, punishable by branding, whipping, conscription into the military, or at times penal transportation to penal colonies. Vagrants were different from impotent poor, who were unable to support themselves because of advanced age or sickness. However, the English laws usually did not distinguish between the impotent poor and the criminals, so both received the same harsh punishments. In 1824, earlier vagrancy laws were consolidated in the Vagrancy Act 1824 (UK) whose main aim was removing undesirables from public view. The act assumed that homelessness was due to idleness and thus deliberate, and made it a criminal offense to engage in behaviors associated with extreme poverty. The Poor Law was the system for the provision of social security in operation in England and Wales from the 16th century until the establishment of the Welfare State in the 20th century.

Vagrancy in US law

In colonial America, if a person wandered into a town and did not find work, he/she was told to leave town or be prosecuted. In the U.S., vagrancy laws were vague and covered a wide range of activities and crimes associated with vagrants, such as loitering, prostitution, drunkenness, and associating with known criminals. Under the vagrancy laws, police arrested people who were suspected of crime, but who had not committed a crime. Eventually, punishments were changed to a fine, or several months in jail.

After the U.S. Civil War, the South passed Black Codes, laws that tried to control freed black slaves. Vagrancy laws were included in these codes. Homeless unemployed black Americans were arrested and fined as vagrants. Usually, the person could not afford the fine, and so was sent to county labor or hired out to a private employer.

In the U.S. of the 1960s, vagrancy laws were found to be too broad and vague, and in violation of the due process requirements of the Fourteenth Amendment to the U.S. Constitution, as citizens were not informed of which behaviors were illegal. Police had too much power in deciding whether or not to arrest someone. Vagrancy laws could no longer violate Freedom of Speech, such as when police use them against political demonstrators and unpopular groups. U.S. vagrancy laws became clearer, narrower, and more defined. Since then, the status of being a vagrant is punished by the vagrancy laws, while other actions are punished under other laws.

In Papachristou v. Jacksonville, 405 U.S. 156 (1972), the U.S. Supreme Court ruled that a Florida vagrancy law was unconstitutional because it was too vague to be understood.

Nevertheless, new local laws in the U.S. have been passed to criminalize aggressive panhandling activities by vagrants. In recent years, there has been an increase in laws criminalizing vagrancy and related activities in the United States - see 2009 Homes Not Handcuffs - some under the rubric of sit-lie ordinances.

In the U.S., some local officials encourage vagrants to move away instead of arresting them. The word vagrant has been replaced by homeless person. Prosecutions for vagrancy are rare, being replaced by prosecutions for specific offenses such as loitering.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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