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
  • YWCA offers lifeguard training

    CLINTON — The YWCA will offer lifeguard training in August.The course will be held from Aug. 4 to 10 at the YWCA. This 30-hour class will meet from 5 to 9 p.m. for four weeknights and from 1 to 5 p.m. Saturday. A possibility of adding a class from 1

    July 25, 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

  • GPS race Teams race to complete challenges THOMSON, Ill. — A challenge in August will pit teams against each other to complete a series of challenges.The event will begin at 9 a.m. Aug. 16 at the Upper Mississippi River National Wildlife and Fish Refuge in Thomson. Armed with GPS units, teams

    July 25, 2014 1 Photo

  • Habitat for Humanity hosts fundraiser

    CLINTON — Habitat for Humanity will host a fundraiser in Thomson, Illinois.The Clinton County group will showcase Laid Back Luau from 5 to 8 p.m. Friday, Aug. 8, at Heirloom Cafe in Thomson. The event will feature games, prizes, music train rides for

    July 25, 2014

  • Fire departments undergo grain bin rescue training OMAHA — The Goose Lake and Lost Nation Volunteer Fire Departments each have received lifesaving grain bin rescue equipment through a donation from Farm Credit Services of America.Goose Lake received its equipment July 14 and Lost Nation on July 15. E

    July 24, 2014

  • ADM donates $75K for fire boat purchase CLINTON — Archer Daniels Midland Company has donated $75,000 to the city of Clinton for a new fire and rescue boat for the Clinton Fire Department.The boat will help the fire department respond to fires, administer emergency medical services and resp

    July 24, 2014

  • 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

  • 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

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.