Palmer, AK asked in Criminal Law and Constitutional Law for New York

Q: Are there any states in the US that prohibit the use of intrastate banishment as a punishment for crimes?

Intrastate banishment is the practice of banning someone from smaller geographic area's within a state such as entire towns, counties, and cities. It does not include banning someone from an entire state itself.

This is not a state specific question.

Important: The crimes in question exclude any sex crimes that would result in being banned from living within x miles of a school or something.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: As far as I am aware, there are no states in the US that have specific laws prohibiting the use of intrastate banishment as a punishment for crimes. However, some legal experts argue that the use of intrastate banishment may violate constitutional rights such as the right to travel or due process. Courts have struck down certain forms of banishment as unconstitutional in specific cases, but there is no nationwide ban on the practice.

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