Banishment

In a previous post ("What punishment fits sex abuse," April 2007) I described how convicted sex offenders in Miami, Florida, can find no place to legally reside within the city after they are released from prison. As a result, they were forced to live on the beach under a bridge that links Miami to one of the Key islands. Bridge-dwelling sex offender communities evidently sprang up in several places across Florida.

In a follow-up to that story, the sex offenders are now being evicted from their homes under bridges. Having lost this last scrap of shelter, they are effectively banished from everywhere. But because most of them are parolees, they are not allowed to leave town. They are trapped in a bizarre legal paradox that is probably much worse than prison.

Regardless of what crimes these men committed, banishment is an unusual practice in the United States. When convicted criminals are released from prison, it is assumed that they are ready to re-integrate with society (at least to some degree). Regulation and close monitoring are obviously essential for parolees, but the state should at least ensure that the conditions of release are logically achievable.

The Florida law is trying to effect a passive-agressive banishment of sex offenders. It would be impossible for the law to banish sex-offenders directly, because they would have to go somewhere, leading to a diplomatic can of worms with Florida's nearest neighbors (see, for example, the simmering debate over a sex offender who was banished to Canada in 2006). Perhaps Florida is hoping the sex offenders will somehow disappear themselves.

In general, I don't think banishment (whether overt or covert) is a legitimate approach to criminal justice. It is, at best, no better than dumping one's garbage in a neighbor's yard. At worst, it is a genuine injustice to those who might be truly striving for rehabilitation, and for some whose crimes were not really as severe as their convictions imply.

For further reading, the Objective-Justice blog has a short collection of articles about banishment for various crimes in the US.