The Edmond Sun

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
  • Grieving children find support at Calm Waters

    Calm Waters Center for Children and Families offers free support groups for children, ages 3–18 and their families whose lives have been affected by death or divorce.
    Oklahoma continues to rank among the top states in the nation for unintentional and premature deaths, leaving single parents raising children. Additionally, Oklahoma continues to have one of the highest divorce rates per capita in the nation. These tragedies leave children feeling isolated, sad, and uncertain.

    July 31, 2014

  • Church hosts adult Vacation BIble School

    “Jesus is the Source” will be the theme of Edmond First Church of the Nazarene’s second annual adult Vacation BIble School.
    The progam will be from 6-8:30 p.m. Aug. 4-7 at the church, located at 3001 S. Boulevard. It will include a light supper at 6 p.m. and songs, games, storytelling and crafts beginning at 6:30 p.m.
    Presenters will include members of the congregation acting as Bible characters and a special performer will be in from Texas.

    July 31, 2014

  • UCO, local Y create community garden

    A new community garden is providing a transformative learning opportunity for students and helping stock UCO’s Central Pantry.
    The University of Central Oklahoma’s Volunteer and Service Learning Center and the Edmond Rankin YMCA are sponsoring the garden, providing a transformative learning opportunity for students, and organic fruits, vegetables and herbs for the food bank.

    July 31, 2014

  • NAMI classes begin in September

    NAMI Edmond North-OKC, the local organization of the National Alliance on Mental Illness, will offer its Family-to-Family Education Program beginning Sept. 2. It will contine Sept. 4 and 8-9. Classes will be at Crossings Community Church, Quail Springs United Methodist Church, Francis Tuttle Technology Center (Portland campus), Tinker AFB Chapel and the Thunderbird Club House in Norman.
    NAMI Family-to-Family is a free 12-session education program for family caregivers of adults living with mental illness. The sessions are offered once a week for a few hours each.

    July 30, 2014

  • clinic 1.jpg Edmond church to host free eye clinic

    An Edmond church and Feed the Children are partnering to provide a free eye clinic.
    Individuals will be able to receive a free vision test and free prescription eye glasses from 9 a.m. to 3 p.m. Aug. 9 at the Waterloo Road Baptist Church, 3100 E. Waterloo Road. All ages are welcome and registration is not required.

    July 29, 2014 2 Photos

  • UCO forensic volunteer wants to aid more agencies

    A four-person group of forensic investigators who volunteer their time to help smaller Oklahoma police departments isn’t enough to meet demand, a member said.
    Kama King, who recently completed her graduate research and will be a member of the faculty at the University of Central Oklahoma’s Forensic Science Institute, said outside of full-time jobs, members of the group volunteer to assist these agencies.
    As her career progresses, King hopes to help establish a permanently funded organization available to any agency in the state to assist in remains recovery as well as related training.

    July 29, 2014

  • jc_ITS map.jpg City to improve traffic flow

    The Edmond City Council this week approved a services agreement with Electronic Technology, Inc. For the  installation of Intelligent Transportation Systems’ video wall system at a cost of $314,620. The vote was 3-0.
    ITS is a fiber optic, wireless or hybrid communication system of monitoring road events and equipment in the field, data archiving and predicting traffic volume, said Kent Kacir, an engineer with Kimley-Horn and Associates Inc.

    July 29, 2014 1 Photo

  • jc_Earp Marlin 2 - photo credit Noel Winters.jpg Shootout of a sale

    An original article of the Wild West will be made available at auction Thursday. The rifle of legendary lawman Wyatt Earp will be part of the J. Levine Auction & Appraisal’s Summer Quarterly Auction in Scottsdale, Ariz.
    Earp was an Arizona deputy sheriff and deputy town marshal in Tombstone, Ariz. He is legendary for playing a key role in the gunfight at the O.K. Corral. He died in 1929 at age 80.
    Wyatt Earp collector Barry Tapp of Edmond will be selling his 1895 Wyatt Earp Marlin rifle at the auction. The rifle has an estimated value between $50,000 and $75,000. It includes authentication documentation from Tombstone Heritage Museum, according to the auction house

    July 28, 2014 2 Photos

  • 11.6.12 Mother and Cub (2).jpg UCO forensic researcher answers key question

    After working a few human recovery cases on a volunteer basis with a variety of police departments, a question kept bugging Kama King.
    “You spend the whole day,” the UCO W. Roger Webb Forensic Science Institute student said, “sometimes days, searching for someone and only find a skull or a few bones and it just ate at me. Are we not finding this or is it not there to be found?”

    July 28, 2014 1 Photo

  • Karan & Rwanda.jpg Peace through Business empowering women entrepreneurs

    Peace Through Business is part of the Institute for Economic Empowerment of Women (IEEW) based in Oklahoma City. It is a program that connects small business entrepreneurs in Afghanistan and Rwanda with business owners in Oklahoma. One such entrepreneur found out about the program from a friend, applied, and was accepted to take part in this year’s session.
    Upon earning a master’s degree in Civil Engineering from the Universite de Sciences et Technique de Lille in Belgium, Lyliose Nduhungirehe began her career working for a construction company in Brussels, but she quickly switched paths to Information Technology.

    July 28, 2014 1 Photo