Residency Restrictions

Nineteen states and hundreds, if not thousands, of local communities have adopted statutes which severely limit the places where a sex offender may legally live. In this article, the author traces new laws to historical practices of banishment in Western societies. He argues that the establishment of exclusion zones by states and localities is a form of banishment creating unique legal, policy, and ethical problems for America. He contends that residency restrictions could fundamentally alter basic principles of the American criminal justice system and while those supporting these laws have the interests of children at heart, the policies they are promoting will be worse for children and society.