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Question:
Is it reasonable for a plea bargain to
require an accused to move outside the
County, State?
Answer:
BANISHMENT
FROM COUNTY, STATE, USA
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. |
