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Moral turpitude??
Is death caused by dangerous driving a crime of moral turpitude?
So many websites say different things.
So many websites say different things.
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"Immigration consequences of crimes are a complex, unpredictable, and constantly changing area of law in which there are few guarantees."
We've seen the Pennsylvania Code; here's Florida's take as reproduced on the NLADA (National Legal Aid & Defender Association) website...
http://www.nlada.org/DMS/Documents/1068321140. 08/Flachart.pdf
We've seen the Pennsylvania Code; here's Florida's take as reproduced on the NLADA (National Legal Aid & Defender Association) website...
http://www.nlada.org/DMS/Documents/1068321140. 08/Flachart.pdf
So Pennsylvania's code, read one way, suggests it is and Florida's says it isn't.
Ethel is right! The version that clearly says it isn't accords with English law and the legal principles of the common law (fundamental to law in the US)
I can't see that 'death dangerous' is a crime of moral turpitude in English law. We don't use the term 'moral turpitude' but it translates into what we would term 'malice' or 'dishonesty'. Recklessness is not 'moral turpitude'.It's not even an essential element of the offence. You are guilty of the offence if 1) the way you drive falls far below what would be expected of a competent and careful driver and 2) it would be obvious to a competent and careful driver that driving in that way would be dangerous and 3)death results.You can be doing your incompetent best, for example, as a new driver who hits the wrong pedal , completely misjudges the speed of an oncoming vehicle or fails to see an obvious pedestrian.. The 'mens rea' (the mental element) in such a case is non-existent.It may be that the driver sets out to drive dangerously, but it in most cases they don't.(If a driver is deliberately setting out on a life threatening way of driving, and someone is killed, that's manslaughter, not death dangerous!)
Ethel is right! The version that clearly says it isn't accords with English law and the legal principles of the common law (fundamental to law in the US)
I can't see that 'death dangerous' is a crime of moral turpitude in English law. We don't use the term 'moral turpitude' but it translates into what we would term 'malice' or 'dishonesty'. Recklessness is not 'moral turpitude'.It's not even an essential element of the offence. You are guilty of the offence if 1) the way you drive falls far below what would be expected of a competent and careful driver and 2) it would be obvious to a competent and careful driver that driving in that way would be dangerous and 3)death results.You can be doing your incompetent best, for example, as a new driver who hits the wrong pedal , completely misjudges the speed of an oncoming vehicle or fails to see an obvious pedestrian.. The 'mens rea' (the mental element) in such a case is non-existent.It may be that the driver sets out to drive dangerously, but it in most cases they don't.(If a driver is deliberately setting out on a life threatening way of driving, and someone is killed, that's manslaughter, not death dangerous!)
Here's the official definition of 'moral turpitude', as formulated by the US Department of State, specifically for the purpose of processing visa applications:
http://foia.state.gov/masterdocs/09fam/0940021 aN.pdf
Chris
http://foia.state.gov/masterdocs/09fam/0940021 aN.pdf
Chris
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