Home > West's Encyclopedia of American Law > Banishment

A form of punishment imposed on an individual, usually by a country or state, in which the individual is forced to remain outside of that country or state.

Although it is decidedly archaic in contemporary criminal justice systems, banishment enjoys continued existence and periodic resurgence in application. Its use is hard for legal scholars to track, but banishment is still employed in at least a handful of states, particularly in the South, as a viable alternative to incarceration.

Banishment—also known as exile or deportation—has its origins in Greek and Roman times and in worldwide histories of other kingdoms and countries such as China, Russia, and England. In ancient times, banishment was an effective punishment because it contemplated that offenders leaving a settled community would necessarily wander in the wilderness, shamed by their loved ones and unwelcome in other settlements. During England's colonial...