Thread: Napotlitano: Illegal Immigration NOT a Crime?

This is why Obama Appointed her!!! Not Surprised

Nice letter American-ized. It figures Obama would hire an IDIOT to head Homeland Security. Makes you feel real safe doesnt it?

Napolitano is wrong. If illegal immigration violations are treated as misdemeanors (simply defined below) they are still considered crimes. If they are felonies, they are treated as higher crimes. Correct me if I'm wrong, but illegal immigration laws carry both high crimes and misdemeanors covering U.S. federal entry laws both of which are crimes.

She apparently does not know the difference between a "crime" and a "felony" which is the word she should have used. This can be viewed as her effort to downplay the significance of the federal law which she is sworn to uphold according to her own interpretation of part of it.


Misdemeanor
From Wikipedia, the free encyclopedia


A misdemeanor, or misdemeanour, in many common law legal systems, is a "lesser" criminal act. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions (also known as regulatory offenses). Many misdemeanors are punished with monetary fines. Usually only repeat misdemeanor offenders are punished by actual jail time. It is highly unlikely that a first time misdemeanant will serve any jail time. It is likely that if one is convicted of a misdemeanor that it will be expunged.

In the United States, the federal government generally considers a crime punishable with incarceration for one year or less to be a misdemeanor.[1] All other crimes are felonies. Many states also follow this.

http://en.wikipedia.org/wiki/Misdemeanor

Originally Posted by butterbean

Nice letter American-ized. It figures Obama would hire an IDIOT to head Homeland Security. Makes you feel real safe doesnt it?

She is way too stupid for this position!
I wrote my two Maine Senators....
Not that they care any.

I think we need Judicial Watch to address this quickly.

Originally Posted by ShockedinCalifornia

I think we need Judicial Watch to address this quickly.

I agree, but what you posted makes since...I was shocked to see they too the worl illegal alien out of the immigration nationality act..

It's still there SoSad under the title of "Aliens", subchapter "Illegal".

Originally Posted by ShockedinCalifornia

It's still there SoSad under the title of "Aliens", subchapter "Illegal".

\
I mean in was in front of ever word with alien in it unless they were talking about a legal alien...

You were right about the crime "Shocked", here is what I found and since entering this country illegally is $50 and 6 months in jail it is a crime

What is the difference between a civil offense and a crime?

A civil offense is an infraction of a law that is not a crime. This may be something like a routine traffic offense such as speeding. The only penalty for a civil offense is a fine. A crime is a violation of the law that is punishable by a fine or a jail sentence. A Class Three or Class Four misdemeanor in Virginia is only punishable by a fine. These may be violations of noise ordinances or other offenses not involving injuries to other persons or their property. A Class One misdemeanor is punishable by up to 12 months in jail and a $2,500 fine. A Class Two misdemeanors are punishable by 6 months in jail and a $1,000 fine. Felonies are punishable by one or more years in prison and fines of up to $100,000.

Well, I found this and maybe it explains what she is saying. That an illegal immigrant's unlawful entry is an "infraction" of U.S. law and not criminal. But in my gray logic of this, I still can't see how deliberately breaking a law is not an intent to commit a violation and therefore be a crime against the law.

Infraction: a minor offense that is not criminal in nature but rather is a civil public offense punishable by a fine only. Examples of infractions include: speeding, failure to fasten a safety belt.

http://www.isc.idaho.gov/mguide/glossary_terms.html
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infraction - A breach, violation, or infringement; as of a law, a contract, a right or duty. A violation of a statute for which the only sentence authorized is a fine and which violation is expressly designated as an infraction.

http://www.the3rdjudicialdistrict.com/glossary.htm

Infractions
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An infraction, sometimes called a petty offense, is the violation of an administrative regulation, an ordinance, a municipal code, and, in some jurisdictions, a state or local traffic rule. In many states an infraction is not considered a criminal offense and thus not punishable by incarceration. Instead, such jurisdictions treat infractions as civil offenses. Even in jurisdictions that treat infractions as criminal offenses, incarceration is not usually contemplated as punishment, and when it is, confinement is limited to serving time in a local jail. Like misdemeanors, infractions are often defined in very broad language. For example, one state provides that any offense that is defined "without either designation as a felony or a misdemeanor or specification of the class or penalty is a petty offense" (see AZ ST § 13-602).

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United States law
A civil infraction is violation of the law less serious than a misdemeanor, and which usually does not attach certain indiviual rights such as a jury trial. The very definition of a civil infraction is that it is not a crime.

http://en.wikipedia.org/wiki/Civil_Infraction

Originally Posted by avenger

Sounds like we need a protest of magnitude demanding removal of Napoleano* ( ) from office for not upholding her oath of office!!!



* My interpretation of her last name :P :P :P