Banishment from Within and Without: Analyzing Indigenous Sentencing under International Human Rights Standards.

Source: (2004) North Dakota Law Review. 80: 253-288.

After long periods of forced subjugation and assimilation to European cultures and legal systems, many indigenous groups in Canada and United States are reviving and re-applying their traditional approaches to justice. One ancient sanction against wrongdoers that some groups have tried to reintroduce is banishment. In response, some criticize this practice as a cruel and unusual punishment, violating national and international human rights standards. Colin Miller in this paper supports the appropriateness of banishment. He argues that it is consistent with human rights norms and its use should be permitted. To detail his perspective, he discusses the following: the history, aspects, and purposes of banishment; arguments against banishment; and arguments for banishment.