9 FAM 40.21(A) Crimes Involving Moral Turpitude
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Charging Language
1. TABLE OF CONTENTS Abduction ................................................................................................73 By Relative.........................................................................................415-420 See Kidnapping Abuse, Animal ...............................................................................................358-362,365-368 Abuse, Child ................................................................................................74-77 Abuse, Vulnerable Adult ...............................................................................78,79 Accessory After The Fact ..............................................................................38 Adultery ................................................................................................357 Aircraft Explosive............................................................................................455 Alcohol AWOL Machine.................................................................................19,20 Retail/Retail Dealer ............................................................................14-18 Tax ................................................................................................20-21 Intoxicated – Endanger ......................................................................19 Disturbance .......................................................................................19 Drinking – Prohibited Places .............................................................17-20 Minors – Citation Only -
ILRC | Selected Immigration Defenses for Selected California Crimes
Defenses for California Crimes Immigrant Legal Resource Center August 2018 www.ilrc.org SELECTED IMMIGRATION DEFENSES FOR SELECTED CALIFORNIA CRIMES Immigrant Legal Resource Center August 2018 This article is an updated guide to selected California offenses that discusses precedent decisions and other information showing that the offenses avoid at least some adverse immigration consequences. This is not a complete analysis of each offense. It does not note adverse immigration consequence that may apply. How defense counsel can use this article. Criminal defense counsel who negotiate a plea that is discussed in this article should provide the noncitizen defendant with a copy of the relevant pages containing the immigration analysis. In the event that the noncitizen defendant ends up in removal proceedings, presenting that summary of the analysis may be their best access to an affirmative defense against deportation, because the vast majority of immigrants in deportation proceedings are unrepresented by counsel. Because ICE often confiscates documents from detainees, it is a good idea to give a second copy of the summary to the defendant’s immigration attorney (if any), or family or friend, for safekeeping. Again, this article does not show all immigration consequences of offenses. For further information and analysis of other offenses, defense counsel also should consult the California Quick Reference Chart; go to www.ilrc.org/chart. As always, advise noncitizen defendants not to discuss their place of birth or undocumented immigration status with ICE or any other law enforcement representative. See information at www.ilrc.org/red-cards. The fact that the person gives an immigration judge or officer this summary should not be taken as an admission of alienage. -
IN the SUPREME COURT of OHIO 2008 STATE of OHIO, Case No. 07
IN THE SUPREME COURT OF OHIO 2008 STATE OF OHIO, Case No. 07-2424 Plaintiff-Appellee, On Appeal from the -vs- Cuyahoga County Court of Appeals, Eighth Appellate District MARCUS DAVIS, Court of Appeals Defendant-Appellant Case No. 88895 MEMORANDUM OF AMICUS CURIAE FRANKLIN COUNTY PROSECUTOR RON O'BRIEN IN SUPPORT OF PLAINTIFF-APPELLEE STATE OF OHIO'S MOTION FOR RECONSIDERATION RON O'BRIEN 0017245 ROBERT L. TOBIK 0029286 Franklin County Prosecuting Attorney Cuyahoga County Public Defender STEVEN L. TAYLOR 0043876 PAUL A. KUZMINS 0074475 (Counsel of Record) (Counsel of Record) Assistant Prosecuting Attorney Assistant Public Defender SETH L. GILBERT 0072929 1200 West Third Street Assistant Prosecuting Attorney 100 Lakeside Place 373 South High Street, 13`h Floor Cleveland, Ohio 44113 Columbus, Ohio 43215 Phone: 216/448-8388 Phone: 614/462-3555 Fax: 614/462-6103 Counsel for Defendant-Appellant E-mail: [email protected] Counsel for Amicus Curiae Franklin County Prosecutor Ron O'Brien WILLIAM D. MASON 0037540 Cuyahoga County Prosecuting Attorney THORIN O. FREEMAN 0079999 (Counsel of Record) Assistant Prosecuting Attorney The Justice Center, 8th Floor 1200 Ontario Street Cleveland, Ohio 44113 Phone: 216/443-7800 Counsel for Plaintiff-Appellee State of Ohio MEMORANDUM OF AMICUS CURIAE FRANKLIN COUNTY PROSECUTOR RON O'BRIEN IN SUPPORT OF PLAINTIFF-APPELLEE STATE OF OHIO'S MOTION FOR RECONSIDERATION In State v. Colon, 118 Ohio St.3d 26, 2008-Ohio-1624 ("Colon P'), the defendant stood convicted on a robbery charge under R.C. 2911.02(A)(2), alleging that, in attempting or committing a theft offense or fleeing therefrom, defendant attempted, threatened, or actually inflicted physical harm on the victim. -
Insufficient Concern: a Unified Conception of Criminal Culpability
Insufficient Concern: A Unified Conception of Criminal Culpability Larry Alexandert INTRODUCTION Most criminal law theorists and the criminal codes on which they comment posit four distinct forms of criminal culpability: purpose, knowl- edge, recklessness, and negligence. Negligence as a form of criminal cul- pability is somewhat controversial,' but the other three are not. What controversy there is concerns how the lines between them should be drawn3 and whether there should be additional forms of criminal culpabil- ity besides these four.' My purpose in this Essay is to make the case for fewer, not more, forms of criminal culpability. Indeed, I shall try to demonstrate that pur- pose and knowledge can be reduced to recklessness because, like reckless- ness, they exhibit the basic moral vice of insufficient concern for the interests of others. I shall also argue that additional forms of criminal cul- pability are either unnecessary, because they too can be subsumed within recklessness as insufficient concern, or undesirable, because they punish a character trait or disposition rather than an occurrent mental state. Copyright © 2000 California Law Review, Inc. California Law Review, Incorporated (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. f Warren Distinguished Professor of Law, University of San Diego. I wish to thank all the participants at the Symposium on The Morality of Criminal Law and its honoree, Sandy Kadish, for their comments and criticisms, particularly Leo Katz and Stephen Morse, who gave me comments prior to the event, and Joshua Dressler, whose formal Response was generous, thoughtful, incisive, and prompt. -
New Initiative Seeks to Boost Traffic Safety
BUSINESS | Page 1 SPORT | Page 1 Jankovic targets top-10 INDEX DOW JONES QE NYMEX QATAR 2-6, 24 COMMENT 22, 23 REGION 7 BUSINESS 1-12 fi nish Barwa Bank posts 2016 20,419.21 10,670.51 52.88 ARAB WORLD 7, 8 CLASSIFIED 8 +149.84 +7.02 -0.98 INTERNATIONAL 9-21 SPORTS 1 – 12 net profi t of QR738.8mn in 2017 +0.74% +0.07% -1.82% Latest Figures published in QATAR since 1978 TUESDAY Vol. XXXVII No. 10364 February 14, 2017 Jumada I 17, 1438 AH GULF TIMES www. gulf-times.com 2 Riyals PM reviews National Action Plan for Autism Expats must In brief carry ID cards ARAB WORLD | Confl ict at all times, Syria peace talks to resume next week: UN Delayed UN-sponsored peace talks aimed at ending Syria’s civil says ministry war will resume on February 23 in Geneva, a few days later HE the Prime Minister and Interior Minister Sheikh Abdullah bin Nasser bin Khalifa al-Thani yesterday chaired a meeting on QNA He referred to article No15 of the than previously planned, the UN the National Action Plan for Autism. The meeting was attended by ministers concerned with the implementation of the plan, Doha Law which states that “in the event envoy’s off ice said yesterday. The members of the Qatar Autism Families Association, and the working group in charge of preparing the plan. The meeting that his (resident) passport, travel announcement came a day after reviewed the draft plan, the proposed governance structure, in addition to the main recommendations related to the objectives document, or residency permit is lost Syria’s opposition announced its of the plan. -
Mandatory Minimum Penalties and Statutory Relief Mechanisms
Chapter 2 HISTORY OF MANDATORY MINIMUM PENALTIES AND STATUTORY RELIEF MECHANISMS A. INTRODUCTION This chapter provides a detailed historical account of the development and evolution of federal mandatory minimum penalties. It then describes the development of the two statutory mechanisms for obtaining relief from mandatory minimum penalties. B. MANDATORY MINIMUM PENALTIES IN THE EARLY REPUBLIC Congress has used mandatory minimum penalties since it enacted the first federal penal laws in the late 18th century. Mandatory minimum penalties have always been prescribed for a core set of serious offenses, such as murder and treason, and also have been enacted to address immediate problems and exigencies. The Constitution authorizes Congress to establish criminal offenses and to set the punishments for those offenses,17 but there were no federal crimes when the First Congress convened in New York in March 1789.18 Congress created the first comprehensive series of federal offenses with the passage of the 1790 Crimes Act, which specified 23 federal crimes.19 Seven of the offenses in the 1790 Crimes Act carried a mandatory death penalty: treason, murder, three offenses relating to piracy, forgery of a public security of the United States, and the rescue of a person convicted of a capital crime.20 One of the piracy offenses specified four different forms of criminal conduct, arguably increasing to 10 the number of offenses carrying a mandatory minimum penalty.21 Treason, 17 See U.S. Const. art. I, §8 (enumerating powers to “provide for the Punishment of counterfeiting the Securities and current Coin of the United States” and to “define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations”); U.S. -
CRIMINAL ATTEMPTS at COMMON LAW Edwin R
[Vol. 102 CRIMINAL ATTEMPTS AT COMMON LAW Edwin R. Keedy t GENERAL PRINCIPLES Much has been written on the law of attempts to commit crimes 1 and much more will be written for this is one of the most interesting and difficult problems of the criminal law.2 In many discussions of criminal attempts decisions dealing with common law attempts, stat- utory attempts and aggravated assaults, such as assaults with intent to murder or to rob, are grouped indiscriminately. Since the defini- tions of statutory attempts frequently differ from the common law concepts,8 and since the meanings of assault differ widely,4 it is be- "Professor of Law Emeritus, University of Pennsylvania. 1. See Beale, Criminal Attempts, 16 HARv. L. REv. 491 (1903); Hoyles, The Essentials of Crime, 46 CAN. L.J. 393, 404 (1910) ; Cook, Act, Intention and Motive in the Criminal Law, 26 YALE L.J. 645 (1917) ; Sayre, Criminal Attempts, 41 HARv. L. REv. 821 (1928) ; Tulin, The Role of Penalties in the Criminal Law, 37 YALE L.J. 1048 (1928) ; Arnold, Criminal Attempts-The Rise and Fall of an Abstraction, 40 YALE L.J. 53 (1930); Curran, Criminal and Non-Criminal Attempts, 19 GEo. L.J. 185, 316 (1931); Strahorn, The Effect of Impossibility on Criminal Attempts, 78 U. OF PA. L. Rtv. 962 (1930); Derby, Criminal Attempt-A Discussion of Some New York Cases, 9 N.Y.U.L.Q. REv. 464 (1932); Turner, Attempts to Commit Crimes, 5 CA=. L.J. 230 (1934) ; Skilton, The Mental Element in a Criminal Attempt, 3 U. -
Sleuthing Tips! How This Mystery Works: This Mystery Is Similar to the Board Game CLUE
Murder n’ Mayhem - Sleuthing Tips! How this mystery works: This mystery is similar to the board game CLUE. (Think of this voyage as playing a live game of CLUE!) You will use CLUE Cards and evidence to solve the crime. There are three different CLUE Cards: Suspect, Weapon and Motive. Plus, evidence items also represent the one who is guilty and will help narrow down your list of suspects. Gathering Information: You are looking for the character that is a suspect, has a motive and has the weapon. Some characters are not a suspect; others are, but only have a weapon or a motive. Once you find the character with all 3 of these you will solve the crime. Interrogation Techniques: In your efforts to solve this crime there are many questions you will want to ask the suspects. Here are some examples: How did you know the deceased? Do you have any evidence that relates to the crime? Are you a suspect in the murder? Why would you want the victim dead? Do you own a weapon? (Note: These last three questions relate to the CLUE Cards.) Evidence at the Crime Scene: Unfortunately, some of the guests disturbed the crime scene and took pieces of evidence. Those who have evidence are able to use these items however they wish; bribery, blackmail, barter, etc… If you have a piece of evidence you cannot lie. You must share it. It is up to you though if you are sharing it for free, doing an exchange, or charging a fee. The number of evidence items that are relevant to the murder will be revealed during the voyage. -
SIMPLIFICATION of CRIMINAL LAW: KIDNAPPING Analysis of Responses to Consultation Paper No
The Law Commission Consultation Paper No 200 (Analysis of Responses) SIMPLIFICATION OF CRIMINAL LAW: KIDNAPPING Analysis of Responses to Consultation Paper No 200 29 January 2014 KIDNAPPING: ANALYSIS OF RESPONSES 1.1 This minute analyses the responses to Consultation Paper No 200, Simplification of Criminal Law: Kidnapping. The questions for consultation may be summarised as follows. (1) Whether the offences of false imprisonment and kidnapping, or either of them, should be replaced by statute. (2) Whether “force or fraud” should continue to exist as a separate condition of liability or should be treated simply as evidence of lack of consent. (3) Whether there should be a condition of “lawful excuse”, leaving to the general law the question of what is a lawful excuse. (4) Whether the fault element should be “intention or subjective recklessness”. (5) Whether honest belief in consent should be a complete defence or whether the belief should be reasonable. (6) Whether the new offence or offences should be triable either way. (7) Whether the new offence or offences should take the form of: (a) Model 1: one offence covering all forms of deprivation of liberty; (b) Model 2: separate offences of detention and kidnapping; (c) Model 3: one basic offence of deprivation of liberty and one aggravated offence where any of a list of named factors or intentions is present. THE INDIVIDUAL RESPONSES Anthony Edwards 1.2 Taking the questions in the same order, his responses are as follows. (1) Both offences should be replaced. (2) Force or fraud should be evidence of lack of consent. (3) There should be a condition “without lawful excuse”. -
False Statements and Perjury: an Overview of Federal Criminal Law
False Statements and Perjury: An Overview of Federal Criminal Law Charles Doyle Senior Specialist in American Public Law May 11, 2018 Congressional Research Service 7-5700 www.crs.gov 98-808 False Statements and Perjury: An Overview of Federal Criminal Law Summary Federal courts, Congress, and federal agencies rely upon truthful information in order to make informed decisions. Federal law therefore proscribes providing the federal courts, Congress, or federal agencies with false information. The prohibition takes four forms: false statements; perjury in judicial proceedings; perjury in other contexts; and subornation of perjury. Section 1001 of Title 18 of the United States Code, the general false statement statute, outlaws material false statements in matters within the jurisdiction of a federal agency or department. It reaches false statements in federal court and grand jury sessions as well as congressional hearings and administrative matters but not the statements of advocates or parties in court proceedings. Under Section 1001, a statement is a crime if it is false, regardless of whether it is made under oath. In contrast, an oath is the hallmark of the three perjury statutes in Title 18. The oldest, Section 1621, condemns presenting material false statements under oath in federal official proceedings. Section 1623 of the same title prohibits presenting material false statements under oath in federal court proceedings, although it lacks some of Section 1621’s traditional procedural features, such as a two-witness requirement. Subornation of perjury, barred in Section 1622, consists of inducing another to commit perjury. All four sections carry a penalty of imprisonment for not more than five years, although Section 1001 is punishable by imprisonment for not more than eight years when the offense involves terrorism or one of the various federal sex offenses. -
Comments Good Moral Character and Homosexuality
Comments Good Moral Character and Homosexuality Introduction Good moral character is a prerequisite in every state for ad- mission to the bar.' The rationale for ex^cluding those persons from the bar who are morally unfit is to protect the public.= The basis of the attorney-client relationship is the trust a client places in his attorney to adequately represent his interests. A client must be as- sured of the integrity of both the individual attorney and the legal profession before he can place confidence in his attorney. The in- terest of society in fair and efficient administration is also served by requiring that attorneys possess good moral character. Without an honest and trustworthy bar, the effectiveness of the judiciary would be severely limited. The necessity of a qualified bar, consisting of attorneys of training and good moral character is generally unque~tioned.~But serious disagreement and difficulty arise when attempt is made to define good moral character. One commentator, however, John R. Starrs, remains undisturbed by the judiciary's inability to precisely define the term good moral character. \ . We submit that the general principles of what has come to be known as Judeao-Christian morality, which embodies the natu- ral law as recognized by all men, must be the principles by which an applicant must live if he is to be considered of good moral character. This is not a foggy notion except for who would make it a foggy notion. We understand more than we 1. See Rules for Admission to the Bar (West Pub. Co. 3d ed. -
Intoxication and Recklessness 22
INTOXICATION AND RECKLESSNESS I. INTRODUCTION An issue which periodically falls to be determined by the courts is the question of whether or not intoxication is relevant to an issue of recklessness. The pro blem arises when the definition of an offence allows proof of recklessness as a sufficient mens rea. The question is then whether evidence of intoxication can be allowed to negative recklessness. Until the decision of the House of lords in R v Caldwell; 1 recklessness had a more or less fixed meaning in common law which distinguished it from the other states of mind. Generally. it would seem to lie somewhere between "negligence" and "intention" and in its natural sense to imply the conscious and unreasonable running of risk. However, the apparent effect of Caldwell and its sister case R v Lawrence2 (an appeal heard immediately after Caldwell and also involving consideration of a meaning of recklessness) has been to extend the meaning of "recklessness' to include inadvertent negligence. If this is a ,cor rect view of these. cases then. as Professor Glanville Williams has expressed it. "they work a profoundly regrettable change in the criminallaw".3 We can note. at this point. that the general effect of these two cases is to attach a much firmer objective meaning to the concept of recklessness than it has obviously been given in a series of decisions in the English Court of Appeal. As far as intoxication is concerned, the effect of Caldwell is to declare that nearly· all crimes, can beqommitted recklessly and that evidence of voluntary intol(icationvvill not assist to save people charged with these offences from conviction.