Grants Pass - Dissent 1

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According to the text, which Justice agreed with the majority's affirmance of Powell's conviction?

Justice White

According to the text, what did the dissenting Justices in Powell agree on?

The Texas public intoxication statute is valid

According to the text, what did the dissenters conclude about Powell's case?

The application of the statute to Powell was unconstitutional

According to the text, what did Justice White conclude about the Texas statute against public drunkenness?

It could constitutionally be applied

According to the dissenting opinion, what was the holding of Martin v. City of Boise?

The Eighth Amendment prohibits cities from prosecuting people for sleeping outside on public property when they have no home or shelter.

What did the majority opinion in the current case do, according to the dissenting opinion?

Combine a misreading of Martin with a disregard of class-certification principles.

What did the district court's injunction in this case effectively require the City of Grants Pass to do?

Allow all public parks to be used as homeless encampments.

Which aspect of the district court's judgment should be vacated and remanded with instructions to dismiss as moot Plaintiffs' challenge to § 6.46.355?

The claim for purely prospective relief

What did the City do to § 6.46.355 that led to the mootness of the claim for purely prospective relief?

Amended it in a way that removed the features leading to its invalidation

What does the majority note about the dispute regarding the claim's adequacy of raising and reaching below?

The dispute is irrelevant to the mootness of the claim

According to the text, which amendment did the district court find the City's enforcement of the anti-camping and anti-sleeping ordinances violated?

Eighth Amendment

According to the text, what is the consequence for parking or leaving a vehicle parked for two consecutive hours without permission from the City Council between midnight and 6:00 a.m.?

A fine

According to the text, what is the period of exclusion from City Park properties if an individual is issued two or more citations for violating regulations related to City park properties within a one-year period?

30 days

According to the text, what did the district court's final injunctive relief prohibit the City from enforcing?

Park-exclusion ordinance

According to the text, what did the Martin panel hold regarding the Eighth Amendment's Cruel and Unusual Punishments Clause?

The Clause places substantive limits on the government's ability to criminalize certain behaviors.

What was the Supreme Court's ruling in Robinson v. California?

The California law that criminalized narcotic addiction was found to be unconstitutional.

What was the Supreme Court's ruling in Powell v. Texas?

The Texas statute that criminalized public intoxication was found to be constitutional.

What was Justice White's concurrence in Powell v. Texas based on?

The feasibility of preventing public drunkenness.

According to the Martin panel, what did the dissenting opinion in Powell and their own opinion conclude about the Eighth Amendment?

The Eighth Amendment prohibits the state from punishing an involuntary act or condition if it is the unavoidable consequence of one's status or being.

According to Martin, when can prohibitions on sitting, sleeping, or lying outside on public property be applied to homeless individuals?

When there are sufficient available shelter beds for all homeless persons within a jurisdiction.

According to Martin, when can homeless individuals be prosecuted for sleeping or camping in public?

When they have access to adequate temporary shelter but choose not to use it.

According to Martin, when can an ordinance against sleeping or camping in public be considered a punishment under the Eighth Amendment?

When homeless persons do not have a single place where they can lawfully be.

This quiz tests your understanding of the dicta and opinions in Martin and Powell related to the Eighth Amendment and the prohibition of punishment for involuntary acts or conditions. Test your knowledge and application of these legal principles with this quiz.

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