The Clinton Herald, Clinton, Iowa

Lifestyles

January 26, 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
Lifestyles
  • Choral group marks 10th anniversary CLINTON -- A Clinton choral group will celebrate its 10th anniversary this weekend. RiverChor will celebrate the anniversary at 2 p.m. Sunday at Zion Lutheran Church. The concert is free, but donations will be accepted. A reception will be held in th

    April 21, 2014

  • Camanche to host citywide garage sales CAMANCHE -- St. Mark's United Methodist Church will organize citywide garage sales scheduled for May 2 and 3. Those wishing to participate and have their garage sale listed in the advertising may obtain forms at Clinton National Bank, Citizens First

    April 24, 2014

  • Bald eagles Britton to present on lead effects MAQUOKETA -- A National Wildlife Refuge manager will present a program on lead's effects on bald eagles. Ed Britton, U.S. Fish and Wildlife Refuge manager, will deliver the presentation at 2 p.m. Sunday, May 4, at Hurstville Interpretive Center in Ma

    April 24, 2014 1 Photo

  • Spring flea market is April 27 MAQUOKETA -- The annual Spring Flea Market, Antique, and Collectible Show will be Sunday, April 27, at the Jackson County Fairgrounds in Maquoketa. The show has been in existence for 27 years and is one of Iowa's largest shows with more than 150 sell

    April 24, 2014

  • Human trafficking Stickers highlight human trafficking CLINTON -- Area establishments are receiving added decor this week thanks to an anti-trafficking committee. Sisters of St. Francis Center for Active Nonviolence and Peacemaking Anti-Trafficking committee members are placing stickers in local establis

    April 23, 2014 1 Photo

  • Cats outsmart the researchers

    I knew a lot had been written about dogs, and I assumed there must be at least a handful of studies on cats. But after weeks of scouring the scientific world for someone - anyone - who studied how cats think, all I was left with was this statement, laughed over the phone to me by one of the world's top animal cognition experts, a Hungarian scientist named Ádám Miklósi.

    April 22, 2014

  • Calling all munchkins CLINTON -- The Clinton Area Showboat Theatre is looking for munchkins. Local auditions will be held from 6 to 8 p.m. Monday, May 19, at the Showboat for munchkins in the upcoming "The Wizard of Oz" performance. Munchkins may be of any age as long as

    April 22, 2014

  • St. Paul grants Church awards grants

    CLINTON -- An area church recently awarded area organizations with grants. The Bickelhaupt Arboretum, the Felix Adler Children's Discovery Center, First Circle Friends, YWCA, Voices for the Land/Monarch Teacher Network and Haley Westerkamp were grant

    April 22, 2014 1 Photo

  • On Iowa program selects Clinton residents CLINTON -- Four Clinton residents recently were named On Iowa student leaders. Keaton Fuller, Jacinta Jargo, Kenya Lewis and Allyson Naeve were among 235 people selected to serve as welcomers to new first-year and transfer students at the University

    April 22, 2014

  • Screen shot 2014-04-18 at 4.44.15 PM.png Paint, doodle and sketch: 3 apps for art lovers

    In the absence of a palette of watercolors and a sketchpad, these three apps can fill in as your art supplies of choice.

    April 19, 2014 1 Photo

Elections
Front page
Clinton Herald Photos


Browse, buy and submit pictures with our photo site.

Poll

Should the city of Clinton appeal the open records violation ruling that will cost taxpayers $40,600?

Yes
No
     View Results
AP Video
Olympics 2014
Featured Comment
Featured Ads
Blue Zones Project
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.