Banishment – an appropriate punishment for drug peddlers?

Lahontan Valley News

A proposal on the ballot for the Dec. 16 election of the Fallon Paiute-Shoshone Tribe poses an interesting question - should drug offenders be banished from a community?

Question 1, a proposed addition to the tribe's constitution, asks voters to decide if the sale, distribution or manufacturing of illegal drugs by tribal members on tribal lands warrants banishment from the tribe and the loss of associated benefits. A tribal member's first conviction would lead to banishment and loss of privileges such as housing, health services, monetary payment, burial assistance and other benefits for five years. A second conviction would result in permanent banishment and disenrollment from the tribe.

Though the measure is harsh, we applaud the tribe for attempting to tackle the problem of illegal drugs, especially methamphetamine, with such ferocity. If the power of a sovereign Native American nation can put a dent in local drug use, there's some merit to the proposal.

The idea of banishing drug offenders from tribal lands has gained popularity in recent years. The Lummi Nation of Washington and the Chippewa of Grand Portage, Minn., have used the practice with varying results, according to a 2004 article in the New York Times.

There are certainly benefits to banishment. No blood is shed. Taxpayers don't have to pick up the tab for long-term incarceration. But we wonder if those who could be banished should be given chances to improve themselves through counseling and rehabilitation before such an extreme measure is taken. Those who are banished could also end up homeless, depressed or forever alienated from their families, factors that can lead to a decline in mental health.

We believe the severity of the punishment fits the ravaging effects of the crime. Drug use can rob a person of his or her personality, intellect, common sense, financial well-being, health and ultimately, their soul. The consequences can be just as corrosive internally as they are externally. Likewise, banishment would also take away an internal and intensely personal attribute - cultural identity.

We doubt tribal members who are addicted to or making money off of drugs will pay much attention if the measure passes. However, if an effective example is made of a few drug manufacturers and distributors, perhaps the fear of banishment will be strong enough to encourage tribal members to stay away from drugs or quit using altogether.

When it comes to stopping the vicious scourge of drugs, we hope banishment is used as a last resort. But if continued efforts to fight drug abuse through education and the traditional justice system prove fruitless, the protection of the many may outweigh the personal identities of the drug-dealing few.