Moral turpitude refers to conduct that is considered contrary to accepted moral standards, ethics, or principles of justice. It typically involves behaviour that is dishonest, fraudulent, or morally reprehensible and reflects poorly on an individual’s character. Crimes involving moral turpitude are often viewed as particularly serious offences because they involve intentional wrongdoing or deceitfulness. Examples of crimes considered to involve moral turpitude may include theft, fraud, embezzlement, forgery, perjury, and certain violent crimes. Convictions for crimes involving moral turpitude can have significant legal and immigration consequences, such as disqualification from certain professional licences, deportation for non-citizens, or denial of entry into the country. The concept of moral turpitude is subjective and can vary depending on cultural, religious, and societal norms, as well as legal interpretations in different jurisdictions. Nonetheless, it plays a significant role in legal contexts, influencing decisions related to criminal justice, immigration, and professional ethics.
n. gross violation of standards of moral conduct; vileness. An act involving moral turpitude is considered intentionally evil, making the act a crime. The existence of moral turpitude can result in a more severe criminal charge or penalty for a criminal defendant.
A term that refers to wicked, aberrant behaviour that violates moral, ethical, or legal standards in such a way that it shocks a community.
In criminal law, criminal action is classified according to whether it involves or does not involve moral turpitude. The term “moral turpitude” has not been precisely defined by courts, in part because morality is imprecise, relative, and diverse. However, courts, such as in United States ex rel. Manzanella v. Zimmerman, frequently quote the following definition of moral turpitude: “An act of baseness, vileness, or depravity in the private and social obligations that a man owes to his fellow men or to society in general, in violation of the accepted and customary rule of right and duty between man and man.
A lawyer who commits an act of moral turpitude is regarded as unfit to practice law and may face consequences under legal ethics. In California, for example, an attorney may be disbarred for committing an act of moral turpitude under Standard 2.11, Title IV of the State Bar of California’s Rules of Procedure. According to Standard 2.15(a), if an attorney is convicted of a felony, including moral turpitude in either the offence or the facts and circumstances surrounding the offence, the attorney is susceptible to summary disbarment. If an attorney is guilty of a misdemeanour with moral turpitude, Standard 2.15(b) provides for either disbarment or actual suspension.
Moral turpitude is a legal term that refers to “an act or behaviour that profoundly breaches the sentiment or accepted standard of the community” in the United States and, prior to 1976, Canada. This word first appears in nineteenth-century American immigration law.
While the term “moral turpitude” is difficult to define precisely, it has been defined as a “act of baseness, vileness, or depravity in the private and social obligations that a man owes to his fellowmen or to society in general, in violation of the accepted and customary rule of right and duty between men.”
The designation of a crime or other act as moral turpitude has consequences in a variety of areas of law. To begin, a prior conviction for a crime of moral turpitude (or, in some jurisdictions, “moral turpitude conduct,” even in the absence of a conviction) is deemed to have an effect on a witness’s honesty and may be used to impeach witnesses. Second, moral turpitude offences may be grounds for the denial or revocation of state professional licences such as teaching credentials or denial of an application for a public notary licence to practise law or another licenced profession. Third, the notion is pertinent to contract law, as employment contracts and sponsorship agreements frequently include a moral turpitude clause that allows the sponsor to terminate the contract without penalty if the employee or sponsored party commits an act of moral turpitude. What constitutes “moral turpitude” varies considerably depending on the circumstances and the specific provisions of the contract, although the clause is frequently utilised in cases involving plainly noncriminal conduct and/or claims for which there is insufficient evidence to support a conviction (assuming the alleged act is even a criminal offense). Fourth, this idea is critical for immigration purposes in the United States, Canada (before to 1976), and several other nations, as offences involving moral turpitude are regarded bar to entry into the United States.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 11th April 2024.
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