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8th Circuit Deems Failure to Register a “Crime of Moral Turpitude”

[floridaactioncommittee.org – 5/8/20}

The US Court of Appeals for the Eight Circuit ruled yesterday that Failure to Register as a Sex Offender constitutes a crime of moral turpitude.

In Bakor v. Barr, the Petitioner, a permanent resident of the United States, challenges his deportation back to his native country. Under the Immigration and Nationality Act, the Attorney General may remove an alien “who at any time after admission is convicted of two or more crimes involving moral turpitude.”

Read the full article

Read the opinion PDF on uscourts.gov website

 

Join the discussion

  1. Tim in WI

    Moral turpitude?
    Boy you know when refusal to update a government database “is considered ” a moral “crime” the republic is dead. How long will the “purveyors of truth” hold the gov. database machine superior to human privacy & liberty.

    If no liberty at stake; who would complain? – J.P. Stevens.

  2. G4Change

    This is total crap for 2 reasons. First of all, if the offense which triggered registration isn’t a crime of moral turpitude, then why is failure to register for that crime a crime of moral turpitude?
    Second: Note that his original offense was a misdemeanor. Yet failing to register for a misdemeanor makes him a felon? Come on!
    If I understand correctly, in California, if your offense was a misdemeanor, then failure to register is also a misdemeanor which is much more fair in my opinion.

  3. Jente

    He was from Nigeria and I would have immediately returned to my home country if I was him. I have spent a lot of time in Africa (mostly Kenya) and would rather be a free citizen of Nigeria than a 3rd class citizen in the USA.

  4. Saddles

    Out of a good conscious can come two things one could even be a sublime or a vain conscious, ethnical or even divine principal. These are different meanings Should a christian have the right to lay a sin upon another? Who is doing the baiting and who is doing the trapping. Yes one could look at many measures of this sex registry that way. Who is leading who today.

    While is the Ten Commandments is still the same, one wonders in this sex registry a type of illusion created to cause people to stumble or who is tempting who. If that is what justice is all about than something is wrong. No one could keep the commandments in the Old Testament.
    Lets face it we all sin but when ministers of justice sin that does present a problem. Yes I’m just glad Janice are giving me some opportunity to explain to some that most of you as offenders don’t even need to be imprisoned. Sure the porno and extra stuff is just icing on the cake but their is one thing that rings a bell and that is the inscription on the liberty bell. Man-made injustice is injustice to many.
    black mark on the justice system when many police induce to seduce. Just a viewpoint in all
    One wonders were they get moral wickedness or this moral turtipude which seems to be a this registry jargon. Of course I liked the pharse about congress did not define moral turpitude. Guess someone has a potty overtone today in government.

  5. Doc Martin

    What the hell is 5th degree sexual assault? Getting convicted of anything involving sexual assault and not getting deported should have been a big green light to this guy that he got a 2nd chance to stay in this country and not go back to face hardship in Nigeria. Now I wouldn’t go as far to say that failing to register equals a crime of “moral turpitude” but failing to register is a very serious felony in many states. We can argue back and forth over the technicals of his first offense being a misdemeanor and his 2nd offense of not registration being one too, but this guy shouldn’t be surprised that his state found something else to hang him on that gives reason for deportation. Sorry to say he squandered his 2nd chance.

    • New Person

      Why is FTR a serious crime? I thought the registry was a regulatory scheme, not a penal one? It should only be a slap on the wrist, if that.

      Now, more than ever, compelling a free person to do anything involuntarily under penalty of law sounds very unconstitutional.

  6. Steve D

    I guess if they can call public urination a sex offense, they can label anything at will. Truly Alice in Wonderland.

  7. TS

    I find it interesting other CCOAs have not reached this conclusion but the opposite of it. Then again, this is the upper Midwest gov’t judicial folks where their definitions of things are different than the rest of society. Wonder if it will be appealed to SCOTUS since there is dissension among the CCOAs, 3rd, 4th, & 9th v 8th. One can only hope.

  8. Saddles

    One has to get a little understanding about this moral tupritude. While respect is a two way street one may wants to use a double edged sword. Authorities it seems want to do a controling factor on one in many instances.

    One wonders who is showing respect when they are enticing another via say an internet in many of these vain encounters. Sure using common sense is good. Actually this virus ordeal gives one a chance to reflect on these encounters one is going thru. Are these laws contradicting Gods laws. Basically in some respect that is what they are doing in many ways. In other words they have the greater sin. Authorities exposing one to much of these encounters is a bit distressing and depressing and not Christian like in this snip hunting type gamein this discriminating factor. Do a search for: Contradicting Gods laws in a sex sting.

    • James I

      Dear Saddles:

      I did Google it as you suggested, but did not get much. I however would say in specific reference to Stings that such is forbidden under the Ninth Commandment and as evidenced in Proverbs:

      There are six things that the LORD strongly dislikes, seven that are an abomination to him: haughty eyes, a lying tongue, and hands that shed innocent blood, a heart that devises wicked plans, feet that make haste to run to evil, a false witness who breathes out lies, and one who sows discord among brothers.
      — Proverbs 6:16–19
      ^^^^^^^^^^^
      I consider the entire Registry to be anti-Christian and people that support it to be….bad Christians and those without forgiveness to not be Christians at all.

      And they and their evangelical churches need to be called out as such.

      Of course, this is just me.

      Best Wishes, James I

  9. Saddles

    I believe your right on that one as several of my friends here in VA that I met in my registry classes agree with you also and I’m sure its not a very good situation out in CA. In fact they were letting a lot of prisoners out in VA that were awaiting trails but today one never know’s how government goes. I believe they should pardon a lot on the registry in many cases. Even cleaning up the porn which I hope the government does. Many other states should understand but were is the rhyme and reason in some of this guilty before charged scare tatic.

  10. Saddles

    Their are two articles on here on Janice’s forum that some already haven taken notice of. The punishment must fit the crime or the punishment does not fit the crime. Whats interesting is what is a crime. Well a crime could be someone tresspassing against another. Even adult sites have a warning up no one under 18 is allowed so who is holding who accountable in a responsible way. Doing justice is good but their is a limits. Take this pandermic for example. Since coming back here you all have given me food for thought and these topics on here are very good. I always liked criminology even taking a few courses in college. And yes I do like retributive Justice and the sex offender at times doesn’t get a fair hand in much of this. One could say who is misleading who.

    One wonders in many cases if retributive Justice seems to be a pipe dream. Janice talks about let the punishment fit the crime. This internet entanglement appears to be for prevention types but entangles in many ways, Is it a blackmail type of Justice with an enticement twist to entice one. Yes internet and even movies can be a bit much today and be dangerous at times but a true government seems to want to entice and condemn those with this use of internet, Even the porno that is on the internet today seems to be a bit much for even teens not to mention responsible adults.

    While I’m sure the average person might now know if their are more internet based ordeals than physical ordeals who is meeting reality in this fleshy game of pin the tail. Any senseable person has the right if thats his pleasure to indulge just like alcohol or beer but when the crime does or doesn’t fit the punishment than people should stand up for rights.

    Retribution is different from revenge or who gets the pleasure of seeing someone suffer, reputations ruined, job discriminations, etc. Civic responsiblity is key in a lot of ways to help others instead of running over others in many of these issues. Responsibility is a two way street.

    https://en.wikipedia.org/wiki/Retributive_justice

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