The Daily Item, Sunbury, PA

Breaking News

Community News Network

January 25, 2013

Slate's Explainer: Can states exile people?

WASHINGTON — A Washington, D.C., judge ordered a man to stay out of the District of Columbia as a condition of his release from jail this week. Rives Miller Grogan was arrested for climbing a tree near the Capitol as part of a protest during President Obama's inauguration. Can you be banished from a state?

Probably not. Sixteen states have constitutional provisions prohibiting banishment, and appeals courts in many others have outlawed the practice. Although it remains on the books in a handful of states - the Tennessee Constitution permits exile, and Maryland's Constitution specifically prescribes banishment as a punishment for corruption - appeals courts usually overturn sentences of exile. There has been only one recent case of banishment from a state: In 2000, a Kentucky judge banished a domestic abuser from the state for one year. (The case never reached the state's high court.) The District of Columbia has no constitution, and its statutes don't mention banishment, so the legality of Grogan's exile is unclear. Judges typically get wider discretion in prescribing conditions of bail than in sentencing, but there is a strong trend toward invalidating interstate banishment under any circumstances.

In the view of many legal scholars, the permissibility of banishment depends on its geographic breadth. Banishment from the country is decidedly unconstitutional, at least for U.S. citizens. Chief Justice Earl Warren described denationalization of army deserters as "a form of punishment more primitive than torture." Banishment from areas around schools or day care facilities, however, is an increasingly popular punishment for sex crimes. Gang members are occasionally banished from their home towns to keep them from bad influences. Appeals courts sometimes approve these sanctions as long as they don't result in a functional banishment. For example, a Georgia law prohibiting sex offenders from living within 1,000 feet of a bus stop was declared unconstitutional in 2007. Legislators made clear that they intended to exile sex offenders from the state, and the restrictions left virtually nowhere to live.

There are several arguments against interstate banishment: It's cruel and unusual punishment; it takes away a citizen's right to travel; and it's arguably a form of double jeopardy. The more practical concern is that it could lead to a dance of the lemons, as each state tries to turn its neighbor into a prison colony, thereby avoiding the expense of imprisonment.

            

That's exactly what happened in the early days of English settlement in North America. Great Britain exiled as many as 50,000 convicts to the New World prior to U.S. independence. The Puritans of the Massachusetts Bay Colony also sent their undesirables away. In their first year, the Puritans banished up to 10 people, or 1 percent of their population, and continued to cast people off for decades, until the crown ordered them to stop.

The Puritans employed banishment for all sorts of crimes. Adultery, sodomy and bestiality often resulted in exile. A Capt. Stone was sent away for telling a magistrate that he was more a "just ass" than a justice. The Puritans also banished religious heretics, including Anne Hutchinson and Roger Williams, who went on to found Rhode Island. Hutchinson and other heretics were never charged with heresy, per se, but with crimes such as disturbing the peace because the Puritans feared King Charles I wouldn't allow them to banish people for minor religious disagreements.

Rives Miller Grogan, the protester exiled from D.C. on Tuesday, was charged under laws that require D.C. authorities to "preserve the peace and secure the Capitol from defacement."

Got a question about today's news? ask-the-explainer@yahoo.com.

           

 

1
Text Only
Community News Network
  • Sunburn isn't the only sign of summer that can leave you itchy and blistered

    You've got a rash. You quickly rule out the usual suspects: You haven't been gardening or hiking or even picnicking, so it's probably not a plant irritant such as poison ivy or wild parsnip; likewise, it's probably not chiggers or ticks carrying Lyme disease; and you haven't been swimming in a pond, which can harbor the parasite that causes swimmer's itch.

    July 30, 2014

  • Survey results in legislation to battle sexual assault on campus

    Missouri U.S. Sen. Claire McCaskill joined a bipartisan group of senators Wednesday to announce legislation that aims to reduce the number of sexual assaults on college campuses.

    July 30, 2014

  • An alarming threat to airlines that no one's talking about

    It's been an abysmal year for the flying public. Planes have crashed in bad weather, disappeared over the Indian Ocean and tragically crossed paths with anti-aircraft missiles over Ukraine.

    July 30, 2014

  • Sharknado.jpg Sharknado 2 set to attack viewers tonight

    In the face of another "Sharknado" TV movie (the even-more-inane "Sharknado 2: The Second One," premiering Wednesday night on Syfy), there isn't much for a critic to say except to echo what the characters themselves so frequently scream when confronted by a great white shark spinning toward them in a funnel cloud:
    "LOOK OUT!!"

    July 30, 2014 1 Photo

  • 20140729-AMX-GIVHAN292.jpg Spanx stretches into new territory with jeans, but promised magic is elusive

    The Spanx empire of stomach-flattening, thigh-slimming, jiggle-reducing foundation garments has expanded to include what the brand promises is the mother of all body-shaping miracles: Spanx jeans.

    July 29, 2014 1 Photo

  • Medical marijuana opponents' most powerful argument is at odds with a mountain of research

    Opponents of marijuana legalization are rapidly losing the battle for hearts and minds. Simply put, the public understands that however you measure the consequences of marijuana use, the drug is significantly less harmful to users and society than tobacco or alcohol.

    July 29, 2014

  • linda-ronstadt.jpg Obama had crush on First Lady of Rock

    Linda Ronstadt remained composed as she walked up to claim her National Medal of Arts at a White House ceremony Monday afternoon.

    July 29, 2014 1 Photo

  • Can black women have it all?

    In a powerful new essay for the National Journal, my friend Michel Martin makes a compelling case for why we need to continue the having-it-all conversation.

    July 29, 2014

  • Dangerous Darkies Logo.png Redskins not the only nickname to cause a stir

    Daniel Snyder has come under fire for refusing to change the mascot of his NFL team, the Washington Redskins. The Redskins, however, are far from being the only controversial mascot in sports history.  Here is a sampling of athletic teams from all areas of the sports world that were outside the norm.

    July 28, 2014 3 Photos

  • 'Rebel' mascot rising from the dead

    Students and alumni from a Richmond, Va.-area high school are seeking to revive the school's historic mascot, a Confederate soldier known as the "Rebel Man," spurring debate about the appropriateness of public school connections to the Civil War and its icons.

    July 28, 2014