Papachristou v. Jacksonville
Encyclopedia
Papachristou v. Jacksonville, 405 U.S. 156
(1972), was a United States Supreme Court
case resulting in a Jacksonville vagrancy ordinance being declared unconstitutionally vague. The case was argued on December 8, 1971 and decided on February 24, 1972. The respondent
was the city of Jacksonville, Florida
.
vagrancy
ordinance which forbade a large number of activities including "wandering or strolling around from place to place without any lawful purpose or object". The defendants were charged with several violations under the ordinance: being vagabonds
, loitering
, being common thieves, disorderly loitering, and resisting arrest
.
to the police
. The court found that the laws could potentially criminalize a variety of innocent activities, such as "Nightwalking," or "habitually living 'without visible means of support.'" A valid law, the Court found, needed to be clearly written and evenly administered.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1972), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case resulting in a Jacksonville vagrancy ordinance being declared unconstitutionally vague. The case was argued on December 8, 1971 and decided on February 24, 1972. The respondent
Respondent
A respondent is a person who is called upon to issue a response to a communication made by another. In legal usage, this specifically refers to the defendant in a legal proceeding commenced by a petition, or to an appellee, or the opposing party, in an appeal of a decision by an initial fact-finder...
was the city of Jacksonville, Florida
Jacksonville, Florida
Jacksonville is the largest city in the U.S. state of Florida in terms of both population and land area, and the largest city by area in the contiguous United States. It is the county seat of Duval County, with which the city government consolidated in 1968...
.
Facts
Papachristou was one of eight defendants who were convicted for violating a Jacksonville, FloridaJacksonville, Florida
Jacksonville is the largest city in the U.S. state of Florida in terms of both population and land area, and the largest city by area in the contiguous United States. It is the county seat of Duval County, with which the city government consolidated in 1968...
vagrancy
Vagrancy (people)
A vagrant is a person in poverty, who wanders from place to place without a home or regular employment or income.-Definition:A vagrant is "a person without a settled home or regular work who wanders from place to place and lives by begging;" vagrancy is the condition of such persons.-History:In...
ordinance which forbade a large number of activities including "wandering or strolling around from place to place without any lawful purpose or object". The defendants were charged with several violations under the ordinance: being vagabonds
Vagabond (person)
A vagabond is a drifter and an itinerant wanderer who roams wherever they please, following the whim of the moment. Vagabonds may lack residence, a job, and even citizenship....
, loitering
Loitering
Loitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...
, being common thieves, disorderly loitering, and resisting arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
.
Opinion of the Court
The court held that the vagrancy ordinance was unconstitutionally vague because it gave too much arbitrary powerPolitical power
Political power is a type of power held by a group in a society which allows administration of some or all of public resources, including labour, and wealth. There are many ways to obtain possession of such power. At the nation-state level political legitimacy for political power is held by the...
to the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
. The court found that the laws could potentially criminalize a variety of innocent activities, such as "Nightwalking," or "habitually living 'without visible means of support.'" A valid law, the Court found, needed to be clearly written and evenly administered.