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Forum: Off Topic
Thread (Discussion): Banishment as an explicit punishment for all crimes
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Message 166636
Posted by brennus
on Nov 06, 2005 01:04 AM | Also by brennus
| Gender: Male,
Age Bracket: 21 - 29,
State: Wisconsin,
Country: United States |
I've heard that Georgia is the only state where people can legally be banished from an entire county, or for that matter, all counties except for one. I've been thinking how our criminal justice system would look if banishment was used more widely and explicitly.
Also, Renunciation had a similar idea about banishment of SO's to Riverside County, but that was for SO's only, and for life. My proposal would not be limited to SO's, It can be from any term from 6 months to 60 years, and apply to anyone over 18.
Guiidelines
1) The length of banishment shall be determinate, range from 6 months to 60 years, and shall start after either conviction or release from prison. Under no circumstances shall banishment be longer than 60 years. Conditions can be modified every 6 months, or anytime when a "change of conditions" is needed. After 10 years in cases where banishment is for a period more than 10 years, the banishee can petition for removal of the banishment.
2) Anyone with a sentence over 1 year can be banished, except for drug posession offenders or property criminals with a loss amount of under $1000. Anyone over 18 can be banished, but under no circumstances shall anyone under 18 be banished.
3) The person can be banished from or TO a specific house, area, neighborhood, city, county or counties or even job. If banished to a house or area, the banishment must not be more than 2 years and must be replaced with banishment to the county after 2 years. This would be over and above probation or parole restrictions limiting travel outside the country or even county. This last would apply mostly to people embezzling from stores and other establishments which are not financial institutions.
4)If under federal jurisdiction, the criminal can be banished from or to any state or combination of states therof, except if banished from the other 49 states, the banishee shall reside or travel only in the state of residence or conviction. A person banished to a certain state can also be banished to a certain county within that state.
5) A banished person loses the right to work, travel and the right to be present in the area banished from. If found in an unauthorized area, the banishment can be either extended or revoked. If revoked, the banishee shall spend the remainder of the banishment term either in prison, or on a combination of prison and banishment. in no case shall the prison term be less than 1 year, unless the remaining banishment term is less than 1 year, in which case the banishee shall be sent to prison for his remaining term.
6) Banishment shall only be an appropiate sentence on sentencing if there is a plea bargain, or if the judge sentences the defendant to it. It shall not be used as punishment for a probation violation or extended past the original term. If convicted of a new criminal offense, a new banishment term can always be started.
7) A special Banishment Court shall be set up in each jurisdiction which agrees to such a request. Funding shall come from a $30 per month surchange placed on each banished offender. If not enough money is raised this way, then funding shall come from each state's general fund (or in the case of the Fed, the Treasury).
8)There shall be job opportunities and training commensurate with the skills of each banishee under control of the Banishment Court. There shall be no discrimination due to his banishee status, and after probation or parole, no special disabilities on account of his banishment status.
Judges should have the latitude to impose as many exclusion zones as necesary within the "on-limits" areas, as long as they are reasonable. How many of you, both SO's and non SO's, would support banishment as a EXPLICIT punishment for crimes (any crime, not just SO's).
It would be interesting to see how this would play out. A drug dealer selling drugs in his community? Banishment to a rural area for 5 years. Graffiti tagger? Banished to the suburbs. Drunk drivers, banished from bars and all other places which serve alcohol. Renunciation can still get his plan of a SO colony in Riverside County, CA.
There would be all kinds of interesting uses for it.
Would your opinion change of SO residency laws if banishment was specifically and explicitly included as the punishment for any felony offense?
SO's, Victims, and all others welcome!!!
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Thread
166636, brennus, Nov 06, 2005 01:04 AM
166811, Renunciation, Nov 07, 2005 07:45 PM
166873, orolan, Nov 08, 2005 04:02 AM
167562, Renunciation, Nov 18, 2005 04:01 PM [Anyone still support banishing and listin...]
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