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
  • Students get first-hand look at non-profits CLINTON — An upcoming event will showcase Clinton area’s non-profits to incoming Ashford University students.The second Fresh START (Serving to Achieve Results Together) event will be held Saturday, Aug. 16. Students and staff members will serve at v

    July 23, 2014

  • The Clinton Herald Jim Miller Low-cost, free cellphone options for seniors DEAR SAVVY SENIOR: What are the cheapest cell phone options available today to seniors living on a shoestring budget? I only need it for occasional calls. — Seldom Calling SeniorDEAR SELDOM: For financially challenged seniors who only want a cell pho

    July 19, 2014 1 Photo

  • Friend of the Fair Two honored as 'Friends' MORRISON, Ill. — The Whiteside County Fair recently announced its 2014 Friend of the Fair. Paul Vock and Dan Heusinkveld are this year’s honorees. The two men have been involved with the fair for decades.Vock started with the fair in 1971 as the Heav

    July 22, 2014 1 Photo

  • Bice Nurses earn Daisy awards

    CLINTON — Two Clinton nurses recently earned Daisy awards.Mercy Medical Center nurses Jodie Atkinson and Kristen Bice earned the awards that is rewarded to extraordinary nurses. Atkinson began her career in nursing at Mercy Medical Center in 1995 on

    July 22, 2014 2 Photos

  • Revolver goes for $400 at auction CLINTON — Selling in two locations on June 21 proved to be a winner. I was selling in the first location with my son Jon and we had a strong bidding crowd. The second location had Jeff Lohr and Bill McWilliams holding firm with a nice crowd of bidder

    July 19, 2014

  • Sawmill New event cruises into Clinton CLINTON — Three Gateway-area locations are joining together in August for a river heritage event.The event will be held Aug. 3 and will feature a Blue Heron river cruise, a Sawmill Museum tour and a de Immigrant Windmill tour in Fulton, Illinois. The

    July 18, 2014 3 Photos

  • Minnick Ashford director appointed to commission CLINTON —The Ashford University campus director has been appointed to a volunteer commission.Charlie Minnick, vice president/campus director of Ashford University, has been appointed by Iowa Gov. Terry Branstad to the Iowa Commission on Volunteer Ser

    July 18, 2014 1 Photo

  • Summer lunch menus (July 21 to 25)

    Summer lunch menus at Jefferson and Bluff Elementary Schools, and Generations Area Agency on Aging

    July 17, 2014

  • Ax throw, log climb at Adirondack lumberjack class PAUL SMITHS, N.Y. — Ax throwing is encouraged in lumberjack class. It’s also OK to dump your classmate in the lake — as long as you’re both frantically trying to stay upright on a floating log.The annual Adirondack Woodsmen’s School is being held thi

    July 17, 2014

  • Locally-grown foods look to bigger business

    Once a niche business, locally grown foods aren't just for farmers markets anymore.

    July 16, 2014

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.