Of moral turpitude..

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Moral turpitude is a legal concept in the United States and some other countries that refers to “conduct that is considered contrary to community standards of justice, honesty or good morals.” 

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This term appears in U.S. immigration law beginning in the 19th century.

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The concept of “moral turpitude” might escape precise definition, but it has been described as an “act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.”

The classification of a crime or other conduct as constituting moral turpitude has significance in several areas of law.

First, prior conviction of a crime of moral turpitude (or in some jurisdictions, “moral turpitude conduct”, even without a conviction) is considered to have a bearing on the honesty of a witness and might be used for purposes of the impeachment of witnesses.

Second, offenses involving moral turpitude may be grounds to deny or revoke state professional licenses such as a teaching credentials, licenses to practice law, or other licensed profession.

Third, this concept is of great importance for immigration purposes in the United States, Canada, and some other countries, since offenses which are defined as involving moral turpitude are considered bars to immigration into the U.S.

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There are other crimes of moral turpitude that are not mentioned below, but they definitely should be mentioned in this article:

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In court proceedings: tampering with a witness, tampering with the jury, attempting to intimidate a witness, a juror, or the judge, impersonating a licensed attorney. (Bribery is mentioned below.)

In the area of law enforcement, felony convictions for these should be crimes of moral turpitude: making false statements to law enforcement officers such as these: policemen on the state level and below, and a wide variety of Federal law-enforcement agents such as Federal marshals, agents of the F.B.I., and agents of the U.S. Border Patrol, U.S. Coast Guard, U.S. Department of Commerce, U.S. Department of Defense, Drug Enforcement Administration, U.S. Department of Energy (in charge of nuclear power and the production of nuclear weapons), U.S. Department of the Interior (including law-enforcement agents at National Parks, National Monuments, and National Seashores), U.S. Nuclear Regulatory Commission, U.S. Secret Service (which investigates counterfeiting and protects the President and the Vice-President), Securities and Exchange Commission, U.S. Department of State, U.S. Department of the Treasury—and also their equivalents on the State level. Furthermore, in law enforcement, felony convictions for making false statements to District Attorneys on the State and on the Federal level (the U.S. Department of Justice) should be crimes of moral turpitude.

(Sidebar).

As a law-abiding American citizen, I totally agree with the above paragraph, (with one exception) the above paragraph makes no mention of government, and/or, law enforcement’s responsibility to the men and women who pay their salaries.

If government and law enforcement, (who claim to support equality) submit to the same code of conduct, I for one would champion their authority.

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However, as one who put away his rose-colored glasses eons ago, I need to know why it is not considered improper, unethical or illegal for a law enforcement officer to lie to a U.S. citizen in pursuit of his or her goal?

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American Immigration law…

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A conviction for a crime involving moral turpitude (CIMT) causes a person to be inadmissible to the United States under section 212(a)(2)(a)(i) of the INA (Immigration and Nationality Act).

There are petty offense exceptions to this rule, but these exceptions do not change the meaning of the question on the Visa Waiver Program or on the visa application form, and cannot be self-certified.

A controlled substance violation causes the alien to be inadmissible to the United States under section 212(a)(2)(i)(II) of the INA.

They are two different sections of the law. A controlled substance violation is a CIMT. The immigration administrative proceeding does not use a controlled substance violation as a CIMT. A visa waiver program applicant admissibility is determined at the port of entry and they are subject to section 212(a) and 217 of the INA.

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U.S. government guidance on determining moral turpitude…

A definition of moral turpitude is available for immigration purposes on the United States Department of State website.

For offenses (or arrests on suspicion of such offenses) occurring outside the U.S., the locally defined offense must be considered against the U.S. definitions, and in such cases it is the definition of the offense (as defined in the appropriate country) which is considered for immigration purposes, and not the circumstances of the individual’s actual case.

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Whether a state law offense constitutes a crime involving moral turpitude for federal immigration purposes is decided on a statute by statute basis, because each state statute might cover a different range behaviors, some of which may not necessarily involve moral turpitude under the Federal definition.

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For a good example of a criminal statute that seems like it would categorically involve moral turpitude, but actually does not because the statute covers some behavior that does not involve moral turpitude, see the Ninth Circuit case Castrijon-Garcia v. Holder, No. 09-73756 (9th Cir. 2013) (simple kidnapping under California Penal Code § 207(a) is not a categorical crime involving moral turpitude).

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Barack and Michelle partying

The taxpayers deserve a government that does not set itself above its citizens.

(Sidebar).

If America is going to be ushered into communism, although I don’t (personally) partake of any alcoholic beverage, (to be fair, ..and to receive my fair share), ..I want the taxpayers to buy me a bottle of the same wine that Barack and Michelle are drinking.

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..as for Obamacare, ..I’d like access to the (same) exchange that Barack, Michelle, Harry and Nancy have access to. After all, I have a Purple Heart, ..whereas I’m pretty sure that none of them do.?

Continuing…

What more can I say? ..other than…

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Truth forges understanding, I’ll be back tomorrow

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Crusader Rabbit…

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