It is necessary to realize that in the context of contemporary America as well as the United States immigration law, various keywords hold considerable importance and entail important implications. One of these terms that stands out and frequently gets used is Crime of Moral Turpitude (CMT), also known as Crime Involving Moral Turpitude (CIMT). It is very important for any immigrant who is in the process of applying for visas, green cards, or even membership for naturalization to understand what a crime of moral turpitude is. This article will look to explain this term in more detail and explore its application to the laws of the United States of America.
The Enigmatic Nature of Crimes of Moral Turpitude
A crime of moral turpitude is a stage in the legal matrix of immigration law that is very crucial though, does not possess an agreed and accurate definition in the United States immigration law. However, the Board of Immigration Appeals (B.I.A.) mainly expounds this in written works, potentially causing ambiguity.
The B.I.A has defined moral turpitude as a ‘fuzzy notion’ of conduct that society holds to be ethically wrong and that everyone and every entity in society has an obligation to uphold. It comprises activities that are intrinsically evil, low, or shameful, and yours usually entail a negative trigger or unilateral social danger. Both Federal courts have also described CIMTs in other tones as being per se morally reprehensible and intrinsically wrong.
The Subjective Nature of CIMTs
This is because CIMTs contain one of the most important tendencies – subjectivity. As to the nature of the crime, it is generally for the immigration officials or the court’s discretion whether a crime constitutes a CIMT or not. This aspect of legal relativism complicates the efforts to clearly define the term and enshrine unambiguous criteria for its application, allowing for subjectivity in individual cases.
The Misdemeanor vs. Felony Distinction
This distinction doesn’t influence the status of a particular criminal act as a CIMT, unlike other legal distinctions, especially between misdemeanor and felony charges. CIMTs may not distinguish between misdemeanors and felonies, meaning that they can involve any criminal offenses no matter their gravity or the amount of the given term.
Examples of Crimes of Moral Turpitude
We need to discuss certain specific acts of misconduct classified by US government agencies and courts as CIMTs to gain a clear perception of what a CIMT is. These include:
Murder: Homicide that is committed without justification or legitimate reason, and is done with the intent to kill.
Voluntary Manslaughter: The unlawful purpose among two or more people committed by the act of one of them while both or any of them are under a passion of anger.
Involuntary Manslaughter (in some cases): Criminal negligence: This is the causing of the death of another person through recklessness or through negligence as a result of which death arises as the outcome.
Rape: Non-consensual sexual intercourse.
- Spousal Abuse: Telling one’s spouse or partner that they are ugly or expressing any form of physical abuse.
- Child Abuse: Any injury that is caused intentionally, either physically or emotionally, to the child.
- Incest: Illicit sexual contact with individuals who are physically closely related.
- Kidnapping: Kidnapping is one of the crimes that involve the unlawful seizing of another person.
- Robbery: A crime committed using force with an intention to take something from a person without his consent.
- Aggravated Assault: It typically involves extreme physical aggression, often employing weapons capable of ending the victim’s life.
- Mayhem: Intentionally inflicting grievous bodily harm on another person means intentionally making another person unrecognizable to the public due to his or her physical appearance or getting him or her permanently incapacitated.
- Animal Fighting: Another bad activity is organizing or engaging in brutal animal fights.
- Theft: Purposed appropriation of another person’s belongings, that is without their consent and to never return the items.
- Bigamy: Formal union with a further partner while still being joined in a valid wedlock with another one.
- Fraud: Fraud is a broad term that refers to acts that are committed to deceive or mislead others to gain something of value.
- Conspiring, attempting, or aiding in a CIMT involves committing a crime linked to moral turpitude, planning or trying to commit such a crime, or supporting it in any way.
To emphasize that the following list gives general descriptions of various crimes, which different states may interpret differently under the law, we highlight that a specific offense must fulfill the definition of an ‘act of terrorism’ to count as a CIMT. Additionally, certain details found within a state’s criminal statute can somewhat influence whether the specific offense falls within the CIMT definition.
CIMTs and Deportation
When an individual is an immigrant in the United States, the commission of a CIMT attracts harsh penalties when one has the following consequences. Thus, despite the legal status in the United States that may be a holder of a visa or a green card, a CIMT conviction may entitle one to removal. One of the significant practices that immigration authorities have embarked on is the arresting and deportation of aliens with criminal pasts or even those in custody.
The Role of Legal Counsel
Trained legal professionals understand CIMTs and their implications well, but a layman may struggle to negotiate the different CIMTs. A convicted criminal charged with other offenses that may attract CIMT should seek legal representation from a criminal defense lawyer and an immigration lawyer. While the criminal defense attorney’s role is to achieve the most favorable outcome in the criminal case, the immigration attorney is in a position to offer valuable advice to cease the plea agreement, if any, and give knowledge regarding what makes a CIMT classification.
Crimes of moral turpitude remain a heavily debated subject when it comes to anyone trying to understand criminal law and how it applies to immigration law, therefore anyone offering legal advice and advocacy services must be qualified in both criminal and immigration law.
In conclusion, a crime of moral turpitude is a concept in a legal structure that is complex, and its interpretation is relative; it has far-reaching consequences in the laws governing immigration in the United States of America. Immigrants must comprehend the type of CIMTs and their impacts so that those going through immigration may handle the procedure with a lot of care. CIMTs almost always require the help of a lawyer to best negotiate the legalities of immigration.
