Mt. Vernon Register-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
  • Does Twitter need a censor?

    Twitter decided last year to make images more prominent on its site. Now, the social network is finding itself caught between being an open forum and patrolling for inappropriate content.

    August 21, 2014

  • sleepchart.jpg America’s sleep-deprived cities

    Americans might run on sleep, but those living in the country's largest cities don't appear to run on much.

    August 20, 2014 1 Photo

  • Africa goes medieval in its fight against Ebola

    As the Ebola epidemic claims new victims at an ever-increasing rate, African governments in Sierra Leone, Guinea and Liberia have instituted a "cordon sanitaire," deploying troops to forcibly isolate the inhabitants in an area containing most of the cases.

    August 18, 2014

  • Democrat? Republican? There's an app for that

    If you're a Republican, you might want to think twice before buying Lipton Iced Tea, and forget about Starbucks coffee. If you're a Democrat, put down that Reese's Peanut Butter Cup, and throw away the cylinder of Quaker Oats in your pantry.

    August 18, 2014

  • Five myths about presidential vacations

    In the nuclear age, presidents may have only minutes to make a decision that could affect the entire world. They don't so much leave the White House as they take a miniature version of it with them wherever they go.

    August 15, 2014

  • weightloss.jpg The scales of injustice: Weight loss differs between men, women

    You're not imagining it: There really are differences between the way men and women diet, lose weight and respond to exercise.

    August 13, 2014 1 Photo

  • Drug dealers going corporate

    A top federal official on Tuesday said that 105 banks and credit unions are doing business with legal marijuana sellers, suggesting that federal rules giving financial institutions the go-ahead to provide services to dealers are starting to work.

    August 13, 2014

  • wwimemorial.jpg The benefit of World War I omission on the Washington Mall

    By 1982, when the Vietnam Veterans Memorial opened on the National Mall, something had shifted in the way we remember our wars. A national memorial, prominently placed on the nation's most symbolically significant public space, came to seem like an essential dignity offered to veterans, their families and the memory of those who gave their lives. But there is an exception.

    August 11, 2014 1 Photo

  • In Japan, ramen aficionados worry their favorite dish is coming off the boil

    "The ramen boom has ended," said Ivan Orkin, a New Yorker who first traveled to Japan in the 1980s and now owns two noodle-soup restaurants in Tokyo. "A boom implies that there are new avenues and new growth to pursue, and that's not the case in Japan anymore."

    August 11, 2014

  • Ronnie Ellis: U.S. Senate race trail long and interesting

    By Ronnie Ellis/CNHI News Service

    FRANKFORT — Last week was a long one, endured under the onslaught of an awful summer cold and played out across the commonwealth. It began in Fancy Farm and ended it in Corbin with a trip to Hazard in between.

    August 9, 2014

Twitter Updates
Facebook
Stocks