Whis is this not a criminal offense?

Discussion in 'Law and Justice System' started by ConHog, Jul 22, 2010.

  1. ConHog
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    ConHog BANNED

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    Now it is MY understanding that it was originally made a civil penalty rather than a criminal one simply because the lawmakers at the time did not want the courts to have to deal with illegal immigrants nor did they want to populate our jails with people who could simply be deported, BUT if we look at the actual definition of civil law versus criminal law in the US, then violations of 8 U.S.C. § 1325 which reads as

    (a) Improper time or place; avoidance of examination or inspection;
    misrepresentation and concealment of facts
    Any alien who (1) enters or attempts to enter the United States
    at any time or place other than as designated by immigration
    officers, or (2) eludes examination or inspection by immigration
    officers, or (3) attempts to enter or obtains entry to the United
    States by a willfully false or misleading representation or the
    willful concealment of a material fact, shall, for the first
    commission of any such offense, be fined under title 18 or
    imprisoned not more than 6 months, or both, and, for a subsequent
    commission of any such offense, be fined under title 18, or
    imprisoned not more than 2 years, or both.
    (b) Improper time or place; civil penalties
    Any alien who is apprehended while entering (or attempting to
    enter) the United States at a time or place other than as
    designated by immigration officers shall be subject to a civil
    penalty of -
    (1) at least $50 and not more than $250 for each such entry (or
    attempted entry); or
    (2) twice the amount specified in paragraph (1) in the case of
    an alien who has been previously subject to a civil penalty under
    this subsection.
    Civil penalties under this subsection are in addition to, and not
    in lieu of, any criminal or other civil penalties that may be
    imposed.
    (c) Marriage fraud
    Any individual who knowingly enters into a marriage for the
    purpose of evading any provision of the immigration laws shall be
    imprisoned for not more than 5 years, or fined not more than
    $250,000, or both.
    (d) Immigration-related entrepreneurship fraud
    Any individual who knowingly establishes a commercial enterprise
    for the purpose of evading any provision of the immigration laws
    shall be imprisoned for not more than 5 years, fined in accordance
    with title 18, or both.


    Should be enforced with CRIMINAL penalties as opposed to civil penalties.

    Or are my wife and I wrong in assuming that this is the correct definition of civil vs criminal law in the US

    Criminal law is much better known to laymen than civil law, as a result of journalists' reports of famous criminal trials. In talking with people about law, I find that they often misapply principles from criminal law to situations in civil (e.g., tort) law, which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal and civil law.

    In civil law, a private party (e.g., a corporation or individual person) files the lawsuit and becomes the plaintiff. In criminal law, the litigation is always filed by the government, who is called the prosecution.


    Differences between Civil and Criminal Law

    I addition, do you personally consider someone who has violated a civil statute, which by the definition above should never exist anyway, has in fact committed an act which makes them a criminal?
     
  2. Ravi
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    Ravi Diamond Member

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    What this means is that if any criminal charges are brought against them as well (for instance one criminal charge listed under Chapter 18 of the US Code is a high speed chase from the cops) these civil penalties are not waived.

    Again, illegal immigrants are mainly guilty of violating civil law. And no, a violation of civil law does not make one a criminal.

    Pajamas Media Illegal Aliens Are Not Criminals

    I guess your butt whipping on the other thread made you run away, hahahaha!
     
  3. ConHog
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    ConHog BANNED

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    Take your childish bullshit back to the other thread and I will deal with it there. I started THIS thread for another purpose. One in which anyone with any understanding of the law will be able to address, that leaves you out.
     
  4. Ravi
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    Ravi Diamond Member

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    This from a guy that thinks jaywalking makes you a criminal. :lol::lol::lol::lol:
     
  5. ConHog
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    It does, jaywalking is a CRIME, one who commits a crime is a criminal. Now of course there are degrees of criminality, but from one who thinks that fathers who abandon their children should be put in jail I wouldn't expect any actual thought.
     
  6. William Joyce
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    William Joyce Chemotherapy for PC

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    Who cares?

    FedGov won't enforce immigration law, whether civil OR criminal. We're only going to frustrate ourselves by thinking beyond that.
     

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