Exile and banishment | Deportation, Expulsion & Citizenship (2024)

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Also known as: banishment

exile and banishment, prolonged absence from one’s country imposed by vested authority as a punitive measure. It most likely originated among early civilizations from the practice of designating an offender an outcast and depriving him of the comfort and protection of his group. Exile was practiced by the Greeks chiefly in cases of homicide, although ostracism was a form of exile imposed for political reasons. In Rome, exile (exsilium) arose as a means of circumventing the death penalty (see capital punishment). Before a death sentence was pronounced, a Roman citizen could escape by voluntary exile. Later, degrees of exile were introduced, including temporary or permanent exile, exile with or without loss of citizenship, and exile with or without confiscation of property. The Romans generally determined punishment by class, applying sentences of banishment to the upper classes and sentences of forced labour to the lower classes.

From the Anglo-Saxon penalty of outlawry, English law developed the practice of banishing criminals as an alternative to capital punishment. By the 18th century, English convicts were being deported to penal colonies in North America and Australia. The first convoy to take the 15,800-mile (25,427 km) trip to Australia departed on May 13, 1787, with 730 prisoners. Banishment and transportation to Australia ended in 1868. In the 20th century, exile was frequently imposed for political offenses, a notorious destination being the Russian region of Siberia, especially during the era of the Soviet Union.

Geoffrey Abbott

Exile and banishment | Deportation, Expulsion & Citizenship (2024)

FAQs

What is the difference between banishment and exile? ›

banish, exile, deport, transport mean to remove by authority from a state or country. banish implies compulsory removal from a country not necessarily one's own. exile may imply compulsory removal or an enforced or voluntary absence from one's own country.

What is the law of exile and banishment? ›

exile and banishment, prolonged absence from one's country imposed by vested authority as a punitive measure. It most likely originated among early civilizations from the practice of designating an offender an outcast and depriving him of the comfort and protection of his group.

Is exiled and deported the same thing? ›

Some common synonyms of deport are banish, exile, and transport. While all these words mean "to remove by authority from a state or country," deport implies sending out of the country an alien who has illegally entered or whose presence is judged inimical to the public welfare.

What was the banishment in Roman law? ›

Relegatio (or relegatio in insulam) under Roman law was the mildest form of exile, involving banishment from Rome, but not loss of citizenship, or confiscation of property. It was a sentence used for adulterers, those that committed sexual violence or manslaughter, and procurers. A notable victim of relegatio was Ovid.

Does exile mean expel? ›

Exile or banishment, is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circ*mstance or the rigors of some high purpose.

Can you be exiled from the United States? ›

Under the 14th Amendment to the U.S. Constitution, the government cannot revoke the citizenship of a natural-born U.S. citizen (U.S.C). However, renouncing citizenship is an option for those born in the United States. Denaturalized U.S. citizens are subject to removal (deportation) from the United States.

Who was famously exiled? ›

Story of the French emperor's exile in Elba in 1814

The Island of Elba is world famous not only because of its crystal clear sea, or the colours of its nature or the richness of its minerals, but also thanks to a great name: NAPOLEON BONAPARTE.

What is the act of banishing citizens? ›

Banishment is defined as a punishment that requires the convicted person to leave the city, county, state, or country in which they are charged. Sometimes banishment is also called exile or deportation .

Is banishment still a punishment? ›

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.

Can a citizen be deported? ›

A U.S. citizen cannot legally be deported, and thus can return to the United States at any time.

What is the difference between deportation and expulsion? ›

The terminology used at the domestic or international level is not uniform but there is a clear tendency to call expulsion the legal order to leave the territory of a State, and deportation the actual implementation of such order in cases where the person concerned does not follow it voluntarily.

What states allow banishment? ›

t AB 2001, Cornell University; JD 2007,The University of Chicago. 1 Such laws exist in Alabama, Arkansas, California, Florida, Georgia, Illinois, Iowa, Ken- tucky, Louisiana, Ohio, Oklahoma, Oregon, and Tennessee. See Doe v Miller, 298 F Supp 2d 844, 848 (SD Iowa 2004) (collecting state legislation).

What are the two types of exile? ›

Exile can be broken into two branches, flight and banishment. The fuga was considered the more voluntary option of exile. Banishment, on the other hand, is exile by forced removal.

Were the Jews exiled by the Romans? ›

While the Romans expelled the majority of Jews in 70 CE, the Jewish people have always been present in the land of Israel. A portion of the Jewish population remained in Israel throughout the years of Jewish exile while the rest settled around the world and became the Jewish diaspora.

How were Roman citizens punished? ›

The Romans designed their punishments to discourage potential criminals. How you were punished depended on who you were and your position in Roman society. Whipping and fines were the most common punishments. Wooden shoes were sometimes placed on the feet of prisoners, making escape difficult.

What does banishment mean in the Bible? ›

Banishment or exile can be a form of punishment. It means to be away from one's home (i.e. city, state or country) while either being explicitly refused permission to return and/or being threatened by prison or death upon return. It is a common theme within the Bible, beginning with Adam and Eve.

What is the basic definition of exile? ›

Britannica Dictionary definition of EXILE. 1. a [noncount] : a situation in which you are forced to leave your country or home and go to live in a foreign country.

Why isn't exile a punishment? ›

It would tend to incite dissension, provoke retaliation, and disturb that fundamental equality of political rights among the several States which is the basis of the Union itself. Such a method of punishment is not authorized by statute, and is impliedly prohibited by public policy.

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