What is a Crime of Moral Turpitude?

[HeyHomie]

In [url-“http://boards.straightdope.com/sdmb/showthread.php?t=314382”]this thread, Shelbo mentions damages related to [false] allegations of “a crime of moral turpitude.”

What exactly IS a “crime of moral turpitude”? Aren’t all crimes immoral (in the eye of the beholder, to be sure)? For example, it’s immoral for me to steal your Oreos; whaddyaknow, it’s also a crime. It’s immoral for me to slap Ed Zotti upside the head; also illegal.

So what’s “moral turpitude”? A sex crime (meaning that “moral turpitude” was a pre-modern euphemism for “rape”)? A sex crime against children? Or one of those quaint pre-modern blue laws, like drinking liqour on Sunday or gambling or something?

[Myglaren]

This says it reasonably succinctly:

Dictionary dot com
(snip)Whether a criminal offense involves moral turpitude is an important determination in deportation, disbarment, and other disciplinary hearings. Past crimes involving moral turpitude usually may also be introduced as evidence to impeach testimony.(snip)

[ouryL]

crime of moral turpitude

a vague concept referring to crimes involving harm

such as murder, assault or rape or major theft or numerous theiveries

as opposed to traffic offences or tortious claims

[CynicalGabe]

I think its similar to a Crime of Moral Benzitude.

[lezlers]

Recent cases have held that it translates into “readiness to do evil”.

Basically, if you know what you’re doing is wrong (illegal), and you’re doing it against another person, then it’s a crime of moral turpitude.

Why yes, I did just take my evidence final last week…

[JRDelirious]

@HeyHomie

Aren’t all crimes immoral (in the eye of the beholder, to be sure)?

But the thing is, what “all crimes” are is not “immoral” but illegal: in breach of a statutory set of rules of conduct for the healthy and safe functioning of society. (And that’s not in the eye of the beholders, it’s in the book.)

[Gfactor]

Good attempt at collecting definitions.

Two definitions:

The phrase “crime involving moral turpitude” has a long history, but has ever been precisely defined. It is generally understood to refer to behavior and acts that are contrary to accepted social standards, and because of this whether an act is a crime involving moral turpitude “is measured against contemporary moral standards and may be susceptible to change based on the prevailing views in society.” Also, while a crime involving moral turpitude often involves bad intentions, it is not necessary that the statute under which the person was convicted require proof of specific intent to do bad. However, it is necessary that the statute clearly define a crime involving moral turpitude without the need to make reference to the individual circumstances of the offense.

http://www.visalaw.com/00jan1/7jan100.html

Moral turpitude is a nebulous concept, which refers generally to conduct
which is inherently base, vile, or depraved, contrary to the accepted rules
of morality and the duties owed between persons or to society in general.
Matter of Franklin, 20 I&N Dec. 867 (BIA 1994), aff’d, 72 F.3d 571 (8th Cir.
1995); Matter of Danesh, 19 I&N Dec. 669 (BIA 1988); see also Matter of
Flores, 17 I&N Dec. 225, 227 (BIA 1980); Matter of McNaughton,16 I&N
Dec. 569 (BIA 1978); Matter of Baker, 15 I&N Dec. 50 (BIA 1974); Matter
of S-, 2 I&N Dec. 353 (BIA, A.G. 1945); Matter of G-, 1 I&N Dec. 73 (BIA,
A.G. 1941). Moral turpitude has been defined as an act which is per se mor-ally
reprehensible and intrinsically wrong or malum in se, so it is the nature
of the act itself and not the statutory prohibition of it which renders the crime
one of moral turpitude. See Matter of Esfandiary, 16 I&N Dec. 659 (BIA
1979); Matter of P-, 6 I&N Dec. 795 (BIA 1955). The essence of moral turpi-tude
is an evil or malicious intent. Matter of Flores, supra. The test to deter-mine
if a crime involves moral turpitude is whether the act is accompanied by
a vicious motive or a corrupt mind. See Winestock v. INS, 576 F.2d 234 (9th
Cir. 1978); Matter of Flores, supra. Where knowing or intentional conduct is
an element of a morally reprehensible offense, we have found moral turpitude
to be present. See, e.g., Matter of Danesh, supra.

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