The Stanly News and Press (Albemarle, NC)

Features

January 28, 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
Features
  • 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

  • This Weekend in Stanly County

    After a week at work, weekends are a good time to get out into the fresh air on these long, balmy summer days. Stanly County offers plenty of places for you to do just that.

    July 29, 2014

  • Ruth Moose Author inks book deal from 26-year-old draft

    After 26 years tucked away in a drawer, one might think the story had grown stale, that it had sat in the dark too long to be revived into something palatable.

    July 28, 2014 1 Photo

  • Uwharrie Players No. 1 Anyone know whodunit?

    So whodunit?
    Forget Col. Mustard, the library and the candlestick, this time it was the drama student in the Jesse F. Niven Center with the bottle of poison.
    At this year’s Uwharrie Players Drama Camp, campers took the stage not just to act, but to figure out who poisoned Gladdis, the talent scout.

    July 21, 2014 3 Photos

  • Kudzu Quiche A Bonus in Study of Invasive Species

    High School students who chose to study invasive species during their week at the National Environmental Summit at Catawba College probably didn't think they'd be baking a kudzu quiche. But they did, and they served it, along with other kudzu creations, at the final festival.

    July 19, 2014

  • Pottery No. 1 Wheel of Clay

    Rome wasn’t built in a day and a potter wasn’t made in one either, Seagrove potter Sid Luck, 69, said at his pottery class at the Niven’s Center Tuesday.

    July 15, 2014 3 Photos

  • Archie Smith Psaltery Sounds

    About two years ago, Archie Smith got into an argument with his table saw.
    As he says, the table saw won.

    June 30, 2014 3 Photos

  • P1160049_zps0528ec83.jpg Jammin' at Junior's

    Benjamin Franklin once wrote: “ … in this world nothing can be said to be certain, except death and taxes.” If Franklin was alive today in western Stanly County, he would need to amend his statement to include “and Friday night jam sessions at Junior Harris’.”

    June 17, 2014 2 Photos

  • KelliePickler_TheWomanIAm_LPCover.png Kellie Pickler set to release album with limited edition vinyl pressing

    NASHVILLE, Tenn. – Black River Entertainment announced the release of a limited edition vinyl version of country music singer/songwriter Kellie Pickler’s critically-acclaimed current album, The Woman I Am.  This is the first vinyl album for Kellie Pickler, and it features exclusive cover art, different from the CD version.

    June 16, 2014 1 Photo

  • wedding (12 of 21).tif Fairy Tales Can Come True

    Once upon a time in Stanfield a little girl was born, but experienced problems during her delivery. Five years earlier, a little boy was born in Georgia with similar complications. Both suffered a brain bleed during child birth and had ventricular shunts placed in their heads.

    June 16, 2014 3 Photos

House Ads
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Featured Comment
Twitter Updates
Seasonal Content
Poll

Will you participate in March Madness?

Yes I watch the games and complete a bracket.
Yes I complete a bracket.
No
     View Results