Banishment and exile are often viewed as extreme measures. However ancient law often considered banishment or exile a gracious sentence. It allows the convicted person to avoid legal repercussions for their actions and to continue to live their lives in other societies. Exile was seen as a humanitarian effort to teach a lesson to wrongdoers about their place in society as it was a less severe sentence than capital punishment or lifelong imprisonment. Many ancient societies believed that exile or banishment helped to maintain a good and healthy societal culture, by getting rid of repeat offenders or those who do not submit to societal rules and expectations. While this philosophy has evolved over time, exile and banishment were heavily utilized by many societies to keep their populace healthy and well-behaved. Ancient societies that heavily utilized banishment include Rome and Japan.
Examples of Banishment in Ancient Society
There were many forms of exile and banishment used in Roman law. The first was relegatio which removed someone from Roman society for a specific amount of time or by a certain date. This type of banishment was considered the most lenient form as it allowed the person to keep their Roman citizenship while serving out a limited term of exile. The step-up from relegation was called aquae et Ignis interdictio. This type of banishment took away citizenship rights and property. The most severe case of banishment was called deportatio, in which those convicted were forcibly moved out of Rome, usually to an exotic or desolate place where survival would be difficult.
Ancient Roman law commonly used banishment and exile as punishment. One of the most popular and severe instances of exile in Roman history is that of the Roman poet, Ovid. Ovid was born in 43 BC into a wealthy and educated family. He quickly amassed popularity as a writer, especially in poetry. Ovid often wrote about subjects such as romance, sex, and adultery. Some of the contents of his poetry were rejected by Roman Emperor Augustus. In 8 BC, the Emperor exiled Ovid from Rome and moved him to the Black Sea where he quickly became ill. Ovid sent many letters apologizing and asking for his banishment to be overturned, but Ovid died in exile unable to redeem himself in Roman society. Ovid's banishment was the most severe form of exile known as Deportatio.
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Cicero was another member of Roman society who voluntarily entered exile to escape a political trial. Cicero's exile was considered aquae et ignus interdictio, as he lost his citizenship and was declared an enemy of the public. Unlike Ovid, Cicero survived his exile and was able to document his experiences, moving to various cities within the Greek and Roman empires and recording his experiences in exile.
In Japan, banishment and exile have a vibrant history. During the Heian period, Japan outlawed execution and replaced it with banishment. During this time, Japan even devoted an island to this concept, sending those who were exiled to Sado island. Sado Island was home to many who were exiled from Japanese society. Exiles who were going to Sado include poet Hozumi Asomioyu in the 8th century, Emperor Juntoku and a monk named Nichiren in the 13th century, and an actor in the 15th century named Zeami. In each instance, the person was exiled by the Shogun for various crimes against society or Buddhism. Exile was also an important aspect of religion and literature in Japanese society. Many gods and mythological beliefs involved forms of exile, making exile a significant aspect in Japanese life and culture.
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The concept of banishment as criminal punishment has always been legal in the United States. While the Constitution does not specifically discuss banishment, banishment is still legal under the Constitution as long as due process is followed. Laws about banishment also change between states, depending on their individual laws. For instance, in Georgia, a person can be banished from a city or county but not from the state. Other states such as Kentucky and Florida allow banishment from the state entirely for various crimes. However, these severe cases are not usually used in criminal sentencing. The severity of banishment has dwindled over the course of time. Less severe forms of banishment are utilized today and usually include rehabilitation. The most common examples of banishment in modern society include restraining orders or personal protective orders. Another commonly utilized form of banishment is the deportation of political refugees which continues to be a controversial topic in American politics.
Today, the justice system prefers rehabilitation and treatment over the use of banishment. Experts argue that banishment accomplishes little in terms of personal growth. Banishing someone does not help to change a person's behavior, instead, it just moves the problem to a different location. Therefore, it is better for society as a whole to rehabilitate a person back into society.
Examples of Banishment in the United States
Banishment history in the United States is complicated. Not only was banishment a common legal recourse, but it was also a political tactic used to help solidify the independence of the United States at the end of the American Revolution. After gaining Independence, the Loyalist party was asked to leave so that there would be no outside political interference in the new American government. While this was not an official decree of banishment or exile, it was a culturally and politically supported movement to rid the country of the Loyalists.
Similar to ancient Rome and Japan, people in Colonial America were most often exiled for voicing religious dissent. One of the most famous examples of this is the case of Roger Williams. Williams was banished from Massachusetts for disagreeing with land being taken from Native Americans and speaking out against the Puritan religion. He was meant to be sent back to England; however, Williams founded a new colony of his own instead which is now the state of Rhode Island.
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Recent cases of banishment in the United States include the 2013 banishment from antiabortion protestor River Grogan, who was banished from the District of Columbia for a series of disruptions in the Capitol. Rehabilitation is still preferred over banishment in the majority of legal cases today.
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The definition of banishment is exiling a defendant from a city, county, or state as a form of punishment. Banishment, exile, or deportation has been used by many civilizations throughout the course of history from ancient Rome to the present-day United States. Banishment in early America was usually due to the voicing of religious dissent. Some exiles were banished because they spoke out against other problems too, such as Roger Williams who was banished from Massachusetts in 1635 and went on to found Rhode Island. The United States Constitution does not discuss banishment, but it will allow banishment to be used as long as due process is adhered to. While banishment is legal, its use varies from state to state. Some states allow banishment while others do not and most states and jurisdictions support rehabilitation over banishment.
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Video Transcript
Definition of Banishment
What comes to mind when you hear the phrase ''banishment''? A royal decree from a Dark Ages-era king? Or perhaps a famous scene from a Shakespeare tragedy? Whatever the answer, the modern justice system is probably something that isn't easily associated with the seemingly archaic concept of ''banishment.''
But in reality, banishment as a punishment for a crime is alive and well in the modern criminal justice system. Banishment is a form of legal punishment imposed upon a defendant (a person charged with committing a crime) that requires them to stay out of a specified city, county, or state. The practice of banishing a defendant is sometimes referred to as exile or deportation.
Banishment as a punishment for wrongdoing has roots in virtually all of the ancient world cultures. The ancient application of banishment was particularly effective because it ensured that a criminal would be removed from his family and doomed to wander the wilderness. The threat of being exiled to a place far away from any civilized villages or kingdoms served as a powerful deterrent to criminal activity.
The early American colonists also relied on banishment as a method of legal punishment. Often, colonists were exiled from an area for religious reasons. For example, colonist Roger Williams was banished from the highly religious Massachusetts Bay Colony in 1635 for expressing his displeasure with the practice of taking Native American lands. This position angered the religious and political leaders of the colony, who believed that Williams was spreading ''dangerous ideas'' that threatened the church's power. Williams went on to form his own colony, which later became Rhode Island.
Banishment Laws
The use and extent of banishment as a punishment varies from jurisdiction to jurisdiction. Some states (like Mississippi) permit banishment as a punishment so long as the defendant can be rehabilitated through the banishment, and the population as a whole benefits as a result. In these jurisdictions, banishment is designed to replicate probation, which is an alternative to incarceration where a defendant must follow specific rules of conduct to avoid being placed in prison.
States like Kentucky, Arkansas, and Florida reserve banishment as a punishment for certain crimes, like domestic violence and prostitution. Georgia does not banish defendants from the state, but permits intrastate exile as a viable punishment. This means that a county or city may banish a defendant to another county or city within the boundaries of the state.
The Constitution of the United States does not outlaw banishment. In fact, the practice will pass constitutional muster so long as it conforms to other constitutional considerations, such as Due Process.
The District of Columbia, which does not have a constitution of its own, has imposed banishment as a punishment for criminal conduct as recently as 2013. One example involved Rives Grogan, an anti-abortion activist, who was arrested and convicted five times since 2009 for disorderly conduct and disobeying the police. He did this in a series of episodes where he attempted to disrupt political events, including the 2013 Presidential Inauguration. As a result, Grogan was banished from the District.
Many states have outlawed the practice of banishment entirely. A handful of state constitutions prohibit banishment, while other state appeals courts simply refuse to enforce banishment as a punishment.
Lesson Summary
Banishment is a form of legal punishment where a defendant is required to leave a city, county, or state. The practice of banishing a defendant is sometimes referred to as exile or deportation. The application of banishment as a punishment varies from jurisdiction to jurisdiction. In some places, banishment is designed to replicate probation, which is an alternative to incarceration where a defendant must follow specific rules of conduct to avoid being placed in prison. While some states have outlawed the practice, other states still permit banishment as a punishment so long as it does not infringe on a defendant's constitutional rights.
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