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moral turpitude : ウィキペディア英語版 | moral turpitude
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."〔(Moral Turpitude: West's Encyclopedia of American Law ) Answers.com〕 This term appears in U.S. immigration law beginning in the 19th century.〔(A Crime Involving Moral Turpitude! What in the World is That? ) US immigration and visa lawyers in London〕 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."〔Chadwick v. State Bar, 49 Cal. 3d 103, 110, 776 P.2d 240, 260 Cal.Rptr. 538 (1989); Sosa-Martinez v. United States AG, 420 F.3d 1338, 1341 (11th Cir. 2005)〕 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.〔People v. Wheeler, 4 Cal.4th 284, 295-296, 841 P.2d 938, 14 Cal.Rptr.2d 418〕 Second, offenses involving moral turpitude may be grounds to deny or revoke state professional licenses such as teaching credentials,〔Ballard v. Independent School Dist., 320 F.3d 1119 (10th Cir. 2003)〕 licenses to practice law,〔Chadwick v. State Bar, 49 Cal.3d 103, 776 P.2d 240, 260 Cal.Rptr. 538 (1989)〕 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.〔8 U.S.C. 1227(a)(2)(A); 8 CFR 316.10〕 ==American immigration law== 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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