What is banishment?
To banish means to be away from city or country and be forbidden to return by the government or the leading forces or to be threatened with imprisonment upon return. According to the Farlex dictionary the verb banish means “to send away from a country or state”. From this the noun “banishment” is the state of being banned or ostracized. The word had come from the early 14 century as “banischen”. It had an Old French root and had formed from the word “banir”, that means “to forbid”.
Now the word is widely used in different spheres of life. The word was used in theology: the first time was mentioned in Bible in Old Testament, when Adam and Eva were banned from the paradise. It was used in mythology: the Pliocene`s Exile, Rama`s Exile and others. It was used in literature: the story about Romeo and Juliet and Romeo`s banishment. What is more, the term “banishment” was also used in the politics. According to the Britannica Encyclopedia banishment is “prolonged absence from one’s country imposed by vested authority as a punitive measure. It most likely originated among early civilizations from the practice of designating an offender an outcast and depriving him of the comfort and protection of his group”. The synonyms to the term “to banish” are exile, transport, expatriate, extradite, deport.
There are many types of banishment. It can be voluntary or involuntary departure from the country. As a rule, it is because of some adverse circumstances. It can be internal – the forced resettlement inside the country; or external – the forced resettlement outside the country. Moreover, it can be used at both to individual, or a group of people, because of some deeds; or to the whole government and country. What is more, another type is self-banishment, when the person protests against some legal matters or isolates oneself concisely in order to devote all time to the special things or activities.
Banishment is more known in such countries as Russia, China and England.The kind of banishment was passed by the Soviet Union punishment in the form of a ban on living in major cities (“minus twelve”) and expulsion by the 101st kilometer, at which penalize itself could choose his residence, and deprivation of Soviet citizenship. Exile experienced by many public figures, academics and arts workers (the most famous – N. Berdyaev, V. Nekrasov, A. Galich, Alexander Solzhenitsyn, Alexander Zinoviev, M. Rostropovich and many others).
Banishment from Latin “bannitio” is deprivation of rights, excluding from the norms of justice, the announcement of the expulsion of State (Latin bannire – award to exile). Awarded named in the Commonwealth banita. Banned person within the state could be killed with impunity. The verdict dealt with all social classes. For the gentleman it was the loosing of the moral category – honor. For lower-middle class status applied “coverage.” Those who could escape the death penalty for the crime where scourged, and then city executioner in the light of a lantern sent the convicted from the city.
The common punishment at those times was infamy (shame, shame) that applied to the nobility for the worst crimes – robbery, theft, rape. Sentenced person lost the honor and good name. He could stay within the state, but was not allowed to be in the governments that inquired the trust and honor. Everyone who helped the convicted person could also be sentenced to infamy. Separately, could be rendered a decision on his unpunished murder, for which the killer got 200 gold and red half of the property of the convicted. If the killer was sentenced to infamy, he could count on the withdrawal penalty.
The very precise term to banishment was “Ethnic cleansing”. Ethnic cleansing was used to the nations that were extra on the territory of some countries. As a rule, this process concerned the tribes and nations that lived in their own territory however were interfered to the government of the country of this territory. In general terms, ethnic cleansing meant any form of repression “undesirable” population from the territory for reasons connected with religious or ethnic discrimination, political, strategic or ideological considerations – or a combination of the above reasons. The term “ethnic cleansing” entered the international lexicon as tracing paper with the Serbo-Croatian expression «etni%u010Dko %u010Dis%u0107enje”. In the 1990s, the media of the former Yugoslavia regularly used this expression in the respect to the policy pursued in the civil war in that country. Around 1992, the term was borrowed by the international media. It is possible that this term appeared before the breakup of Yugoslavia in the military doctrine of the former Yugoslav People’s Army, where it was mentioned the term “clean-up” from the enemy in order to ensure complete control over the occupied regions. The origins of this doctrine are unclear – perhaps it was the legacy of partisan warfare in Yugoslavia during the Second World War.
How was it used in the past?
Banishment, which is also known as deportation or exile, takes the roots from Greek and Roman times.In ancient times, the captivity was a strong penalty because it had been assumed that delinquentsleaving settled places would definitely roam in the desertsbecause of the shame of their relatives. During the colonial times in England, exile and “transportation” were the similar types of punishment.In colonial America, Great Britain citizen who married Native American or African American women were banned from their colony.
In its origin form, banishment had a huge double effect. From one side, it was challenging to try to survive in the uncommon place, being banned from homeland. From the other side, the examples of banned people had a frightening effect on the neighbors and community in general.
In ancient times the rulers of the Roman Empire often enslaved or subjected to expulsion the entire peoples. The most famous example was the expulsion of the Jews after the revolt in Judaea in 70 H. O. As a result, Jews were the wandering people without a homeland. Sometimes the expulsion of Jews from any country took the form of ethnic cleansing, especially when accompanied by violence and carried on throughout the state. That such was the expulsion of Jews from England in 1290, France (1306), Hungary (1349 – 1360), Provence (1394 and 1490), Austria (1421), Spain, Portugal (1497), Russia (1724) and different areas of Germany (in different periods of history.) Not all evictions of Jews affected the whole country completely. In addition, such a policy was stopped after a certain time. For example, in 1494 the Jews were expelled from Krakow, but they were allowed to live in the suburbs. In 1491 the Jews were expelled from Lithuania, but ten years later were allowed to return. In 1604-1605 years. Persian ruler Abbas I the Great expelled from Eastern Armenia approx. 300 thousand Armenians. In 1502 and 1609 – from Spain in 1614 were driven by numerous representatives of the Muslim minority who remained here as a legacy of Muslim countries since the Arab rule.
In Western Europe expulsion from certain points within the state, with denial in capitals or other cities, had the character of the additional penalties imposed by the court, or the prevention and suppression of crime, accepted by the direct order of the administrative authority. The first is relatively rare. Thus, according to French law, when applied grievance action officer was assigned as an additional punishment, the prohibition for a period of 5 – 10 years lives in the county where the hurt was done. As a precautionary measure, the expulsion usually was a means of policing. In Germany the administrative expulsion was applied in exceptional laws of the Catholic clergy and the Socialists, who currently remained in force only in relation to the Jesuits.
In closer to our time period of history the ethnic cleansing were often used during the colonization of new lands, captured by Europeans, especially immigrants from the Nordic and Germanic countries. In North America, English settlers were driven from their lands by dozens of Indian tribes, forcing them to migrate to distant reservations often uninhabitable. In southern Africa, and Australia’s indigenous tribes also were driven from their lands by the Germans, the Dutch and the British seized the land occupied by white farmers, the settlers. Most large-scale ethnic cleansing of modern times was the colonization of the Americas by European powers, primarily Britain. It happened during the mass destruction and the exile community, which replaced the African slaves. This practice began in the XV century and lasted until the XX century.
The term originated in the deportation of criminal law in France 18-19 centuries to refer to particular types of exile. The first deportation of politically unreliable in French Guiana was established by the suspicious in 1791. The deportation, including lifetime, provided for prosecution of France in 1810, was the link and lifelong stay outside the continental territory, in places of deportation by law from March 23, 1872. This law provided a central deportation camp on the island Well fortified places (castle) for the deportees on the island Dyuko (New Caledonia).
The deportation was used not only to punish criminals-recidivists, but for the massacre of revolutionaries. The massive campaign of genocide and deportation of French and French-Acadian settlers was held at the official support of the British government in modern Canada. Deportation and genocide touched francophone residents of the former French territories (Acadia and Nova Scotia) in Atlantic Canada, which came under the jurisdiction of the UK. Total from 1755 to 1763 according to the orders of the British Governor Charles Lawrence it had been deported more than 10 000 people, more than half of them had died in the holds of ships that transported them to the prisons of the British colonies in North America, which later created the United States, and the Falkland Islands . Initially, the campaign was nicknamed “Big commotion.” The term “deportation” was used later.
In modern populous communities, the effect had been lost. The banishment of one community becomes a huge problem of the other. For example, in the 1980s, the California government had banned a parolee. He was given a one-way bus ticket to Florida. However, such type of punishment was unreasonable, because in the few days in Florida few women were killed by him.
The history knows the facts, when the whole nations were banned from their homelands. For example, in 597 BCE the Jews have been exiled by Babylonian king Nebuchadnezzar II and again have been deported in year AD 70 by the he second Temple in Jerusalem. Americans have been banned for the centuries after the events surrounding the Armenian Genocide in 1915. Those who survived were hiding in Europe and Middle East. In the late 18th century after the partitions of Poland many Poles have chosen to be in exile against the powers of Russian Empire, Prussia and Austro-Hungary. Many of them have settled in France and the United States. Fascinating banishment was used to the whole nation of the Crimean Tatars. They were exiled from their homeland Crimea (Ukraine) to Central Asia on 18 May 1944. The number of banned Tatars was near 200.000. Now the banned nations try to fight for their rights and the possibility to have freedom to live in the territory of their homelands, however, this raise many inconveniences to the governments of the countries. That is why the question of the banned nations is very burning issue nowadays (Kunesh H).
During World War II, Chechens and Volga Germans were also banned from the Soviet Union by Joseph Stalin. On February 26, 2004 this fact was recognized as genocide by European Parliament. In addition, after World War II more that 50,000 Hungarians were banned from South Slovakia to the Czech borderlands. Many Japanese Americans and Japanese, as well as German American and Italian American families were forced to leave their camps inside the U.S. by President Franklin Roosevelt.
The World War I as well as Word War II is known in the world history for the extreme cruelty towards the particular nations. As an example is the deportation of 800,000 Poles from Warsaw to concentration camps after the defeat of the Warsaw Uprising of 1944 (which killed 200 000 people). According to the Hitler personal order, Warsaw with a million people had to completely disappear from the face of the earth. As Hitler stated, the German`s aim was the complete destruction of the Polish population, because it was regarded as an obstacle on the way of German`s eastward expansion.
As it can be seen, there were lots of examples of banishment in the world history. However, most of the examples have the negative effect on the nations that were bnned. Those historical events are the result of many battles for the territory and misunderstanding between the nations even today.
Banishment of Eskimos and Indian tribes
Indian and Eskimos tribes have a long history, culture and period of forming the democratic justices inside the tribe and the relationship with the neighboring governments. For a long time, both tribes were discriminated. Lots of tries were spent to banish them from the belonged them historical territory. With the appearance of the white people on the territory of the Indian tribes lots of changes have happened. A lot of wars for the territory survived the nation. However during the last battle, which took place in 1876 near the river Lytlh Byhhorn and is known as “last Custer Battle”, Indians passed their positions. White conquerors used worked and proven techniques: “divide and rule” – to the direct destruction. That was absolutely different in the views of the naive and inexperienced in politics Indian leaders. Thus, in 1830 U.S. President Andrew Jackson signed the Act for possession of Indians, which allowed the expulsion of Indians from their lands and denied them all civil rights and freedoms in the territory of the east Mississippi.
The Great Civil War greatly affected the lives of Indians. The tribes living in the states of California, Washington and Oregon have suffered greatly due to the fact that their settlements were in the field of obtaining gold from which they were driven units of volunteers. A clear fact of the inhuman conditions for Native Americans can be considered that the price per the ear of the killed Indian, that was $ 25. Although the most significant affect of the Indian Civil War had Indians of the West, North and South. However, despite the active deportation of Indians, some small groups of tribes have been able to stay in the South. First of all it is worth mentioning, perhaps the most famous Cherokee, hiding in the mountains of western North Carolina, after which they became known as the Eastern group of Cherokee. Also among the remaining were Lambie and Catawba in South Carolina, the Seminoles in Florida, the Choctaws of Mississippi and Pamonki and Mattaponi from the Virginia Peninsula (Howard).
From 1887 to 1920 the U.S. government has cut Indian possessions from 138 to 52 million acres, and it nearly tripled. From the foregoing it can be concluded that, in a bloody civil war considerably affected the entire indigenous population of America, the Indian tribe hadn`t achieved the citizenship in their own country, and finally lost their independence. However, in the 1924 Native Americans eventually had gained American citizenship. To the 1960 year the number of Indian population gradually began to grow, and they, like other national minorities, joined the struggle for their civil rights (Chavers D). Despite the bad formation, unemployment and racial discrimination, many sought to revive its own national identity, and at the beginning of 1990 the number of Native Americans has grown for about 2 million.
A lot of affords were spent by the Indians to return their lands and positions. The problems exist even now, however, with the help of world organizations such as: The National Association for the Advancement of Colored People, the South Poverty Law Centre, the Mexican-American Legal Defense and Education Fund and many others, the rights of Indians are controlled now (Chavers D). The history shows the facts of banishment of the violators out of tribal lands in the desert places as a biggest punishment. However, nowadays such punishment is not in use. Today, the tribes solve their problems with the help of legal rules. For example, Indians have the collection of the laws – ‘The Indians and The Law’ – the list of norms and laws that they have to follow. What is more, the U.S. and Canada government have their own democratic policies towards Indians.
From the history the banishment was used as a system of the social control and penalty in Indian tribes.The tradition has been changed in order to help the tribes to deal with the dangerous criminal activities inside their communities.
The same conflict had happened to Eskimos. The contact with Europeans started to develop in the end of the XVII century. At the same time the UK claimed about its rights for Rupert’s Land (the central part of modern Canada). The project was carried out by the Hudson’s Bay Company on the classical colonial pattern: the skins and furs in exchange for alcohol, tobacco, and tools. The impact of the new civilization had catastrophic consequences: Inuit began to overwhelm the traditional crafts, ruin oneself by drink and die rapidly. By the time of gaining independence of Canada, the number of Canadian Eskimos fell to 5-6 thousand people. Wanting to “stake out territory”, Canadians with the U.S. government implemented a plan to build Arctic weather stations. Dissatisfied with American military presence Eskimos started to fight for their rights. It came with the outbreak of the Second World War, in 1941, when Washington was placed in Greenland, including the village of Tula, its air base. In May 1953 the Danish authorities expelled 187 Eskimo 150 miles north of Thule, in much harsher terrain Kaanak. In 1953 started the move of the forced deportation of Inuit`s families from northern Quebec. Calculation of the government of Canada was simple: to survive in subhuman conditions in the Arctic could only original inhabitants. At the same time it was pursued several goals: to strengthen the sovereignty, surveillance and weather stations and the observation of the DEW line. Relocation was a tragic chapter in the history of Eskimos. Caught in a totally unfamiliar environment, they become to die in a huge numbers. In January 1968, at sea off the coast of Greenland fell bomber B-52 with atomic warheads on board, one of which is split, and its remains have not been found so far. The Americans get dirty with managing the consequences of the accident and did not push through the Danes decided to send to the decontamination area Eskimos, many of whom later were reported to have died from radiation sickness. Greenland is of great value to the United States: its role is to support the area of missile defense, which should cover North America from ballistic missile attack over the Arctic Ocean (Richter, Daniel).
After 40 years, the Royal Commission on Indian Affairs called this type of banishment “one of the most egregious human rights violations in the history of Canada.” In 1996, the victims and their descendants had received from the federal budget 10 million Canadian dollars as compensation.
How it is used today?
Even being absolutely archaic method in modern justice systems, banishment still continue to exist.Banishment is used in at least a handful of states, especially in the South, as an alternative to prison. The U.S. Constitution forbids banishment until the penalty and sentencing meet the requirements of Due Process of Law. Today banishment is not considered to be cruel punishment, sometimes wise versa, it becomes the way of the less strong method of punishment in comparison with prison. However, the banishment today is more democratic and is concerned not the whole nations, but people by their own. As a rule, this type of punishment is applied to people, who lives outside their own country and can be banned from the country they are living to their homelands. For example, Ministry of Foreign Affairs of Canada on the 18 of May 2011 claimed that the government has decided to expel from Canada five Libyan diplomats, whose behavior was seen to be inappropriate and incompatible with diplomatic activity. In a press release was issued that the embassy officials of Libya were declared “persona non grata” in Canada. Canadian authorities have demanded the diplomats and their families to leave the country in the coming days. After the Libyan crisis that started from February this year, Canada has evacuated from the African the hundreds of Canadian immigrants and diplomats.
The great example of the banishment is the Tibetan government. Now it is in exile, because of the controversy with China. The fact is that Tibet is a part of China geographically and China wants to have all the rights on it. However, Tibetan government claimed that Tibet is not the part of China. The government-in-exile now makes the attempts to regain Tibet, having the negotiations with China. However, if the government-in-exile wants to return its powers it has to change some of the misleading statements (Smith, Warren).
In addition, the example can be the situation with Yugoslavia. Large-scale ethnic cleansing accompanied with the civil wars was in Yugoslavia from 1991 to 1999. Particularly affected populations in the eastern Croatian and Serbian Krajina (1991-1995), virtually the whole Bosnia (1992-1995) and the Serbian province of Kosovo dominated by Albanians (1999). As a result of ethnic cleansing, thousands of Serbs, Croats, Bosnian Muslims and Albanians were expelled from their homes. At the same time acknowledges the massacres, murders and rapes against civilians. Already in 2004, after entering in the province of Kosovo NATO troops, there was another outburst of violence against the few Serbs who remained in their native land. In March 17, 2004 Kosovo Albanians organized a pogrom in which 19 people died, 954 injured, several thousand Serbs were expelled from their places of residence. In the riots had been burned and eroded 800 Serb homes and 35 Orthodox churches and monasteries.
Georgia laws on banishment
The banishment system is also accepted in Georgia. According to the laws, banishment here exists in order to prevent crimes. District Attorney Greg Winters said, “When banishment is imposed, it’s either for someone with no ties to the district but who came to the area committing crimes or for someone from the area who has become a complete nuisance”. Section I of the Bill of Rights of the Constitution of the State of Georgia says that “neither banishment beyond the limits of the state nor whipping shall be allowed as punishment for a crime” (Alloy, Jason). Georgia government thinks that such type of punishment as banishment is very convince in the cases with drugs. This will remove the criminals from the state at the same time prevent them to commit the same crimes inside the state.
One of the other reason why Georgia follows the banishment method very firmly is the situation with the illegal immigrants that from year to year occupies the state. Not an exception becomes the wife of the senator Thompson Kurt. U.S. immigration authorities have announced plans to deport the wife of a member of the Senate of the State of Georgia Thompson Kurt. According to AP, the 28-year-old native of Colombia, Herrera Sasuke had a conversation with the members of the department, which should give her a notice.
The same law had concerned Ray Charles – American blind musician, the author of more than 70 studio albums, one of the most famous singers in the world of music in the styles of soul, jazz and rhythm and blues, the owner of the 17 prizes. Even though his records were included to the Library of Congress and he became one of the famous people in Georgia and around the world, he couldn’t escape the laws. However, he was never banned in reality. According to the facts, Ray Charles had refused to play his performance to the audience that consisted only from white people. The concert took place in the 1961 year. The organizer of the concert sued him for canceling the whole performance. Ray Charles had lost this case, but he never was banned from Georgia. In 1979 year Ray Charles was welcomed by the General Assembly and confirmed this event singing the classic Hoagy Carmichel song “Georgia”.
The type of penalty such as banishment is less common in the federal cases. However its usage is possible. March 2011, the First Circuit, which is the federal court works on the appeals in criminal cases, confirmed a sentence in which the District Court had banned defendants from Suffolk County, Massachusetts during their probation (On-line Encyclopedia).
However, there are still disputes according the banishment laws and if they are reasonable. In the Washington Post was written the article that had criticized Georgia’s new sex offender banishment law. According to the law 10,000 sex offenders who live in Georgia were forbidden to live within 1,000 feet of the church, school, kindergarten or even school bus stop. However among these 10, 000 people there is the one who is about 100 years, another one lives in the nursing home and has an incurable heart disease. Thus, this law doesn`t have any distinctions of who is dangerous and who is not. In the newspaper was written that the banishment laws are ineffective in the state. However, at any case they exist.
What is more, recently Georgia had changed the banishment laws for the immigrants. Federal Court of Georgia is partially suspended the new law governing as the fight against illegal immigrantss. As reported by The New York Times, the law was blocked by two provisions of legislation which came into force on July 1 20011. The first provision, which was suspended, is the allowance by police to check the legality of stay in the state of those who have not turned in his papers. The second provision for sanctions against people who are engaged in illegal transportation or harboring them in their homes. According to the judge presiding at the trial, these provisions violate the jurisdiction of U.S. federal law. All other items of the disputed act, he has upheld. This, in particular, the requirement for employers who are required to check the identity of new employees, as well as a system of fines to the owners of false identities. Commenting on the decision of the court, the governor of Georgia, Republican Nathan Deal (Nathan Deal) has promised to appeal. According to him, the federal government not only restricts the states struggle with illegal immigrants. Georgia was not the first state whose immigration laws blocked by federal court. Previously, similar measures have been taken with respect to acts adopted in Arizona, Indiana and Utah. In addition, the claims against the immigration laws will apply in Alabama and South Carolina.
In the 2008 in the U.S. state of Alabama started to act very tough immigration law in the country, giving police the power to arrest any suspected that was in the country illegally and committing the school to check the immigration status of their students. Georgia was on e of the states that accepted this law, despite the fact that the law has become the most stringent anti-immigration act in the U.S. In two days after the law started to act, more than 1 000 illegal immigrants were deported to their homelands from Georgia.
However, according to the new law in the United States will be suspended deportations of illegal immigrants who were not prosecuted. All the current deportation proceedings will be suspended and reviewed. This was August 19 ABC News reports with reference to the administration of U.S. President Barack Obama. Administration officials explained that the irrational spending power of U.S. officials to “low priority” of illegal immigrants, including relatives of servicemen, as well as young people who illegally falling in the United States as a child with their parents, while in the country illegally may be the perpetrators of serious crimes. The new rules will also apply to those in respect of who have already been initiated deportation proceedings, but the court decision to expel from the country has not yet been adopted. According to the source of the newspaper The Washington Times in the U.S. Congress, these measures are part of an ambitious plan, Obama’s amnesty aliens who have violated immigration rules. In recent months the Obama`s administration is under attack by advocates of immigrants from Central and Latin America. Hispanic population even threatened to deny support for Barack Obama in the upcoming presidential election. The President answered the threat of a promise to stop the persecution of illegal immigrants who do not pose a potential danger to society.
There are several projects in the U.S. immigration reform. Republicans insist that it should provide migrants to work temporarily in the U.S. and then return home. According to the democratic project, legalized in the United States there should be 11 million illegal immigrants living in the country, and they should be able to get an access to the general procedure to obtain citizenship.
To conclude, the banishment is still used in Georgia and is a very firm type of justices, which regards everybody who commits some deeds, the punishment for which is banishment. However, today banishment is used more as an alternative to imprisonment. Although even in such type banishment can be the worst punishment.
The recidivism rates
Recidivism is the repetition of undesirable behavior by the person, who experienced negative results of behaving like that, or has been taught to overcome that behavior. What is more, the other definition of the term is the number of ex-prisoners.
There are three types of recidivism: simple: committing an intentional crime by a person previously convicted for a deliberate crime; dangerous: committing a serious serious crime for which the person is sentenced to actual imprisonment plus two or more crimes of medium gravity, for which he has been convicted previously; and specific hazards: serious crime for which the person is sentenced to actual imprisonment plus two serious crimes, for which a person condemned to the actual imprisonment.
The U.S. federal criminal law provides more strictly liable for “habitual criminals”, which, according to Art. 3575 of the United States Code under the title 18, may be recognized as persons aged 21 years and twice sentenced to imprisonment for more than a year for any felony (a crime punishable by imprisonment for more than a year) and re-commit any felony.
According to the most recent information about the recidivism rate in U.S., near 75% of adult inmates that had been released from the jails during not long period of time, as a rule two years, were charged with other offence. What is more, such high rate is the biggest one during the last five years. This means, that such problem as recidivism rates are growing from each year. In addition, the situation with young ex-prisoners is even worth. In the period from April to June 2011 100% of the resealed prisoners were charged with the other offence.
What is more, according to the recent statistics in 1994, the racial differentiation of crimes carried the most detail. In the United States was committed about 1.276 million crimes were not repeat offenders, and 490 000 – recidivists. 89% of non- recidivists and 94% recidivists’ crimes have been committed against the black. More aware of these indicators will help levels, estimated at 100 000 so black 3494 100 000 committed crimes involving violence against whites. At the same time only 63 white 100 000 committed such crimes against blacks. Thus, the level of black crime involving violence, more than 55 times higher than white, which means that blacks in more than 55 times more than preferred to attack whites than vice versa. In the case of robbery or “hooliganism” black more than 103 times their victims prefer whites than vice versa. Statistics even more terrifying for group crimes. Gang violence black to white at 102 times the violence of white to black, and robberies in the area – at 277 times. Black more than two to three times more likely to drop out of school than whites, or to die from prostate cancer and is considered a national problem. But almost no one knows what they are 50-200 times more than whites commit racial crimes. If white is 4-5 times more than preferred his victims black, it would be considered crisis requiring national attention. Racial disparity in crime is rarely discussed consequences: many black lose the right to vote. In all states except four, criminals are deprived of this right. In twelve states, convicted of crimes are denied the right to vote for life, but in most states, felons the right to return it at the end of the probationary period. However, the reason of such situation also can be the historical background and the relationships between the nations and races that were formed in the past. The great influence can have the banishment of nations in the history.
The reasons why young people get into places of confinement are different: the lack of a social engagement, the indifference of their parents, a sense of futility in school, etc.. “Young people often lack hope, – said David Lynch. – General surrounding streets creates pessimistic attitude to life. These young people often failed to develop relations of friendship or love. As a result, they end up in the penal colony, where are aware that they lack education and skills. That prison environment – an environment of violence and humiliation. After release from prison, they have very little hope for a better future. “
Therefore, according to the professor, in the state of Wisconsin so-called optimistic approach is developing. “We try to care for young people to prevent them to prison or to conduct their rehabilitation after incarceration. We have developed a model of “justice.” The idea of this approach is to restore young people so they can fully return to public life. For teens only punishment will not give good result. We need to restore some competence in the man to help her gain some social skills in life”.
Professor Daniel Lynch spoke about the positive example of rehabilitation of adolescents at a ranch in the state of Wisconsin. “Teens in this program usually live in foster families. They have an educational program, obtain professional training. Also focuses on the spiritual development of man from a Christian point of the choir. It helps young people to understand the deeper meaning of life. They are also active in public works, which gives them a sense of necessity. We provide advice not only to the criminals, but also their families. After 5 years of this program there was no recurrence. ”
Daniel Lynch stressed that the success of these programs also depends on the people who implement them. “A successful joint vision guaranteed workers who work as a team. Employees also must believe in the change of the offender, tune in for the long work for positive change quickly should not wait. ”
In order to restrain the recidivism rates there are many studies that provide the rules to improve the situation. For example, The Youth Criminal Justice act exists in U.S. law system and is a state of the objectives for the young criminals. This act was created in order to help young criminals to join the community more natural and to provide as much life conveniences for them as possible. However, even having the job and the place to live, they still commit new crimes. The statistic shows that the recidivism rate among the youngsters is as high as 85%-90%.
Correctional Education Association carried out Three State Recidivism Study. The study was elaborated to find out if education can affect the behavior of prisoners after release. The information about more than 3200 prisoners who had been released from the U.S. state from Minnesota, Maryland and Ohio prison in 1998, is reported in this study.
As it can be seen from the history, banishment was a penalty for many types of crimes. However, today it is more reasonable to send the person to prison.
To sum up, “banishment” is the term that went through the whole history and spheres of the world. The term was used in the religion, mythology, literature and politics. Being used in the different spheres of life, the term has the same meaning. Banishment is the kind of punishment according to which the person is forced to live the homeland. From the history there are knows lots of facts of banishing not only individuals, but the whole nations in general. Among the nations that were banned are Jews, Poles, Crimean Tatars, Hungarians an others. All of them were banned from their homelands and now are fighting for their ethnic places.
The same situation had happened to Eskimo and Indian tribes that were fighting with white people for their territories. Even though, now they have Canadian and U.S. citizenships, they are still fighting for their rights. Many world organizations help them in this fight. What is more, the governments of the countries regulate the right of the tribes by the special lows.
Banishment today has the different form and meaning that it was in the past. Now banishment is a punishment, which is an alternative to be imprisoned. In addition, banishment is not used in all the states and countries. Georgia is a state that has particular banishment laws. The history knows the fact, when the well-know singer Ray Charles was about to be banned from Georgia because of the refusal to perform the concert for the white people audience. Sometimes this laws cause the controversy about their importance. The example is the punishment for the sex offenders that provoked the huge dispute among the people.
The other punishment is used for the recidivists. According to the latest statistic the recidivism rates are growing each year. They are divided into the three types: simple, dangerous and specific hazards. In addition, the recidivism rates are higher among the young criminal that is why the government focuses all the forces and affords into preventing this hazardous situation. Many studies had been carried out on this topic and a lot of regulation systems were provided. The main governmental act that controls the recidivism rates among youngster in U.S. is The Youth Criminal Justice act.
To make the long story short, today banishment is not the main punishment as it was in the past, however, still exists in some countries as states as an alternative to prison.