Banishment of Juvenile Sex Offenders: Warranted Under Existing Case Law and Sex Offender Statistics?

• NCJ Number: 199339
• Journal: Children's Legal Rights Journal Volume: 22 Issue: 3 Dated: Fall 2002 Pages: 14-22
• Author(s): Kristin M. Mannino
• Date Published: 2002
• Length: 9 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article discusses whether courts have the power to banish juvenile sex offenders from certain geographic areas as a condition of probation.

Abstract

Currently, there are no published opinions in any State ordering the banishment of juvenile sex offenders. Banishment includes orders compelling individuals to quit a city, place, or country for a specific period of time. The purpose is to remove an individual from a community when that individual is considered to present a “permanent danger” to that community. Banishment historically has been viewed as a form of punishment. Its use began as early as 2285 B.C. Currently, banishment in the United States is subject to the court’s discretion since it is usually imposed pursuant to a condition of probation or parole. Courts tend to differentiate between interstate and intrastate banishment, often striking down interstate while tending to be more accepting of intrastate. There are at least 15 States including Illinois that have provisions in their constitutions explicitly forbidding interstate banishment. There are three cases dealing with the banishment of individuals convicted of sexual abuse of a minor, although none of the offenders were minors. As of January 2001, approximately 80 of the 6,621 registered sex offenders in 6 counties in Illinois were juveniles. It is currently estimated that juvenile offenders account for up to one-fifth of all rapes and almost one-half of all cases of child molestation committed in the United States each year. Illinois cases indicate that a court will only uphold banishment if it is narrowly tailored to the offender’s rehabilitation. It is concluded that banishment of juvenile sex offenders as a condition of probation is ineffective in terms of reducing future offenses. It is also unfair because it is a form of punishment that affects the child and his or her family in numerous detrimental ways. 116 endnotes