What determines whether a crime is one of moral turpitude

[The Law 0]

I've seen a number of lists that show crime that "may" fall under the crime of moral turpitude.

Now, obviously the criminal code varies from country to country

When US immigration is looking at a crime to determine whether it is one of moral turpitude, do they simply look at the title of crime (ex. assault), or do they look at the specific circumstances of the incident?

[Sc0tt28 26]

I've seen a number of lists that show crime that "may" fall under the crime of moral turpitude.

Now, obviously the criminal code varies from country to country

When US immigration is looking at a crime to determine whether it is one of moral turpitude, do they simply look at the title of crime (ex. assault), or do they look at the specific circumstances of the incident?

First of all, US immigration uses the criminal code of the United States to determine whether or not a crime is a CIMT (Crime Involving Moral Turpitude). That's one of the big differences between Canada and US regarding DUI/DWI. In Canada it is a felony, in the US its just a misdemeanor. So a Canadian trying to get to the US with a DUI on his/her record will be able to come into the US. An American trying to get to Canada will have a much harder time.

Anyway...yes they look at specific circumstances as well. Like the example you gave, simple assault is not a CIMT.

[lucyrich 20]

It depends on a bunch of things...

http://www.sharma-crawford.com/news_Defend...zenCriminal.htm

Crimes Involving Moral Turpitude are not defined statutorily but are loosely characterized as:

Anything done contrary to justice, honesty, principle, or good morals; an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow man, or to society in general, contrary to the accepted and customary rule or right and duty between man and man.

(9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) §40.21(a), N2.2)

In essence, a Crime Involving Moral Turpitude is a crime that is Malum In Se as opposed to Malum Prohibitum. However, much like everything else in Immigration, it is not that clear. For example, a worthless check charge in one jurisdiction may not rise to a CIMT, however, in another jurisdiction, if the statute contains as an element, fraud, a CIMT may very well be established. Likewise, a DUI conviction is not a CIMT, however a DUI where the driver was also suspended at the time of arrest is a CIMT. The distinction being that since the driver had a suspended license the driver would have been aware he was prohibited to drive. The violation of that prohibition, aggravated by the DUI has been held to meet the threshold for a CIMT. Matter of Lopez-Meza Int. Dec 3423 (BIA 1999). Thus, as a general rule, in determining whether or not a crime is a CIMT, a careful statutory analysis of the elements of the offense is necessary.

If the situation you're asking about isn't absolutely clear cut and obvious, then you may need to consult with a GOOD attorney to figure out the answer.