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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