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24 Lewis & Clark L. Rev. 325 (2020)
Reevaluating the Adjudication of Crimes Involving Moral Turpitude

handle is hein.journals/lewclr24 and id is 333 raw text is: REEVALUATING THE ADJUDICATION OF CRIMES INVOLVING MORAL TURPITUDE by Colleen Munoz` Criminalizing immigration status has tainted the lives ofpermanent residents in the United States for years. A minor misdemeanor conviction imposes the threat of extreme penalties for noncitizens and their continued residence in the United States. Specifically, a conviction of a crime involving moral turpitude can prevent a noncitizen from seeking admission, threaten deportation pro- ceedings, and jeopardize his or her ability to naturalize as a United States citizen. Crimes involving moral turpitude remain undefined in the Immigra- tion and Nationality Act, causing courts to adjudicate the crimes arbitrarily. In the absence of statutory or administrative direction, jurisdictions across the United States generally employ a two-step categorical approach to analyze the definition of moral turpitude and to adjudicate the associated crimes. First, the court identifies the requisite elements of the state statutory conviction. Sec- ond, the court compares the state statutory elements of the conviction to the generic federal crime. A crime of moral turpitude is determined if all state statutory elements are a categorical match to the generic federal counterpart. The employed categorical approach appears facially determinable. Yet crimi- nal convictions for similar crimes continue to elicit varying immigration con- sequences due to the swing of the political pendulum. Attorneys general intro- duce loopholes into the traditional two-step categorical approach effectively altering the outcome of a conviction which would otherwise not be considered a crime involving moral turpitude. This Note describes the traditional cate- gorical approach and explores the modifications proposed, exercised, or rejected as the approach continues to evolve. Finally, this Note proposes a solution to adjudicate crimes involving moral turpitude. Introduction .................................................................................................... 326 I. Relationship with Immigrants and Crime ............................................. 329 A. Crimmigration: The Immigration Law and Criminal Law Merger ... 330 II. Crimes Involving Moral Turpitude....................................................... 331 A. Framing a Loose Definition............................................................. 332 B. The Effect of a Conviction for a Crime Involving Moral Turpitude.... 334 C. The Adjudication Process ................................................................ 336 325

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