Moral turpitude

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Moral turpitude is a legal concept in the United States, and until 1976 in Canada, that refers to "an act or behavior that gravely violates the sentiment or accepted standard of the community".[1] This term appears in U.S. immigration law beginning in the 19th century.[2] Moral turpitude laws typically deal with legal, judicial, and business related transgressions. Moral turpitude laws should not be confused with laws regarding social morality, violations of which are more commonly called public order, morality, decency, and/or vice crimes.

The California Supreme Court described "moral turpitude" 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."[3]

The classification of a crime or other conduct as constituting moral turpitude has significance in several areas of law. First, a 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.[4]

Second, offenses involving moral turpitude may be grounds to deny or revoke state professional licenses such as teaching credentials, applications for public notary,[5] licenses to practice law,[6] or other licensed professions.

Third, the concept is relevant in contract law since employment contracts and sponsorship agreements often contain a moral turpitude clause, which allows the sponsor to terminate a contract without penalty if the employee or sponsored party commits an act of moral turpitude. What sort of acts constitute "moral turpitude" can vary greatly depending on the situation and the exact terms of the contract, but the clause is often invoked in cases involving clearly non-criminal behavior and/or allegations for which there is insufficient evidence for a conviction (assuming the alleged act is even a criminal offense).[citation needed]

Fourth, this concept is of great importance for immigration purposes in the United States, Canada (prior to 1976), and some other countries, since offenses defined as instances of moral turpitude are considered bars to immigration into the United States.[7]

Fifth, some jurisdictions may deny or revoke liquor licenses or other similar licenses for moral turpitude.[8]

  1. ^ "Law Dictionary: moral turpitude". Merriam-Webster. Retrieved 22 January 2017.
  2. ^ A Crime Involving Moral Turpitude! What in the World is That? US immigration and visa lawyers in London
  3. ^ 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)
  4. ^ People v. Wheeler, 4 Cal.4th 284, 295-296, 841 P.2d 938, 14 Cal.Rptr.2d 418
  5. ^ Ballard v. Independent School Dist., 320 F.3d 1119 (10th Cir. 2003)
  6. ^ Chadwick v. State Bar, 49 Cal.3d 103, 776 P.2d 240, 260 Cal.Rptr. 538 (1989)
  7. ^ 8 U.S.C. 1227(a)(2)(A); 8 CFR 316.10
  8. ^ Parry, Wayne (June 10, 2024). "Donald Trump may lose his liquor licenses in New Jersey if his felonies involve 'moral turpitude'". Fortune. Retrieved 29 June 2024.