Banishment from a
County, State or a Country
It is unreasonable to banish a
defendant from a county, because
requiring a defendant to get out
of the county does not have any
relationship to reformation or
rehabilitation. Banishing
from a county, particularly when
he is broke and unemployed is
not reasonably related to his
rehabilitation, and unduly
restricts his liberty. See
People v. Blakeman, 170
Cal.App.2d 596, 339 P.2d 202
(1959).
The State of Georgia apparently
does permit one political
subdivision to dump persons it
considers undesirable upon
another. Wilson v. State, 151
Ga. App. 501, 260 S.E.2d 527,
530--31 (1979). A Texas
trial court abuses its
discretion in revoking probation
because of a violation of a
banishment clause.
A requirement to remain in the
Republic of Mexico and the
requirement that he obtain
written permission of the trial
court to re-enter the United
States are also invalid
conditions of probation since
the first requirement
constitutes banishment and
deportation outside the
jurisdiction of the trial court,
and the second condition
constitutes regulation of
immigration law and policy
outside the jurisdiction of the
trial court.
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