Presence in the United states without permission is a civil infraction. For it to be a criminal offience, the offender has to have been deported.
That is assuming he/she acted alone. On Sun, May 23, 2010 at 2:23 PM, euwe <[email protected]> wrote: > One of the most fundamental distinctions between civil and criminal > law is in the notion of punishment. > > criminal law > In criminal law, a guilty defendant is punished by either (1) > incarceration in a jail or prison, (2) fine paid to the government, > or, in exceptional cases, (3) execution of the defendant: the death > penalty. Crimes are divided into two broad classes: felonies have a > maximum possible sentence of more than one year incarceration, > misdemeanors have a maximum possible sentence of less than one year > incarceration. > > civil law > In contrast, a defendant in civil litigation is never incarcerated and > never executed. In general, a losing defendant in civil litigation > only reimburses the plaintiff for losses caused by the defendant's > behavior. > > So-called punitive damages are never awarded in a civil case under > contract law. In a civil case under tort law, there is a possibility > of punitive damages, if the defendant's conduct is egregious and had > either (1) a malicious intent (i.e., desire to cause harm), (2) gross > negligence (i.e., conscious indifference), or (3) a willful disregard > for the rights of others. The use of punitive damages makes a public > example of the defendant and supposedly deters future wrongful conduct > by others. Punitive damages are particularly important in torts > involving dignitary harms (e.g., invasion of privacy) and civil > rights, where the actual monetary injury to plaintiff(s) may be > small. > > One can purchase insurance that will pay damages and attorney's fees > for tort claims. Such insurance coverage is a standard part of > homeowner's insurance policies, automobile insurance, and insurance > for businesses. In contrast, it is not possible for a defendant to > purchase insurance to pay for his/her criminal acts. > > While a court can order a defendant to pay damages, the plaintiff may > receive nothing if the defendant has no assets and no insurance, or if > the defendant is skillful in concealing assets. In this way, large > awards for plaintiffs in tort cases are often an illusion. > ------------------- > Presence in the United states without permission is a civil > infraction. For it to be a criminal offience, the offender has to have > been deported. > > On May 23, 3:09 pm, euwe <[email protected]> wrote: > > Immigration law is civil law; law enforcement never enforces civil > > law, > > > > On May 23, 12:05 pm, Harry Beck <[email protected]> wrote: > > > > > > > > > > > > > I agree, therefore the name ILLEGAL aliens. > > > > > Harry Beck > > > Capt. US Army, Ret. > > > Montrose, New York > > > > > Wherever you go, no matter what the weather, bring your own sunshine. > > > > > -----Original Message----- > > > From: plainolamerican <[email protected]> > > > To: PoliticalForum <[email protected]> > > > Sent: Sun, May 23, 2010 11:49 am > > > Subject: Re: Illegal aliens are not criminals > > > > > yeah, I heard this defense from an ACLU lawyer once > > > > > those who break the law are considered criminals > > > > > On May 21, 3:05 pm, euwe <[email protected]> wrote: > > > > Theirs is a civil infraction, not prosecutable in criminal courts > > > > until they have been deported at least once. > > > > > > -- > > > > Thanks for being part of "PoliticalForum" at Google Groups. > > > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > > > > * Visit our other community athttp://www.PoliticalForum.com/ > > > > * It's active and moderated. Register and vote in our polls. > > > > * Read the latest breaking news, and more. > > > > > -- > > > Thanks for being part of "PoliticalForum" at Google Groups. > > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > > > * Visit our other community athttp://www.PoliticalForum.com/ > > > * It's active and moderated. Register and vote in our polls. > > > * Read the latest breaking news, and more. > > > > > -- > > > Thanks for being part of "PoliticalForum" at Google Groups. > > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > > > * Visit our other community athttp://www.PoliticalForum.com/ > > > * It's active and moderated. Register and vote in our polls. > > > * Read the latest breaking news, and more.- Hide quoted text - > > > > > - Show quoted text - > > > > -- > > Thanks for being part of "PoliticalForum" at Google Groups. > > For options & help seehttp://groups.google.com/group/PoliticalForum > > > > * Visit our other community athttp://www.PoliticalForum.com/ > > * It's active and moderated. Register and vote in our polls. > > * Read the latest breaking news, and more.- Hide quoted text - > > > > - Show quoted text - > > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help see http://groups.google.com/group/PoliticalForum > > * Visit our other community at http://www.PoliticalForum.com/ > * It's active and moderated. Register and vote in our polls. > * Read the latest breaking news, and more. > -- Mark M. Kahle H. -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
