Crimes of Moral Turpitude

(C)  Due Process.  Congress recently provided, with respect to a new statute, that "[a] foreign conviction is not a sex offense for the purposes of this title if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established under section 112."[84]  Counsel can argue that this should be true also of a determination whether a foreign conviction can be considered a “crime” of moral turpitude.  Where the “criminal” proceeding did not ensure the basic rights of the accused, counsel can argue that the “conviction” should be considered insufficient for CMT purposes.[85]

[84] The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472, Pub. L. 109-248, § 111(5)(B) (July 27, 2006).

[85] See § 2.4, supra.