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View Diary: UPDATE: Bigotry on Dkos (380 comments)

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  •  You're obviously a lawyer, so let me ask you (0+ / 0-)

    why immigration or, for that matter maritime law is different from criminal or civil law?

    I mean, I've heard and can understand making a distinction between civil and criminal law, but what practical difference is there?

    "The right is correct on one thing...we really are a bunch of easily outraged nitpickers."

    by potato on Wed Feb 13, 2013 at 06:41:01 PM PST

    [ Parent ]

    •  I am not a lawyer (7+ / 0-)

      but I do have quite a bit of experience with this branch of law.

      The difference in this case is that where civil law is about money, and criminal law is dealt with by charge, trial and punishment, immigration law is not.

      Pratically this means that undocumented aliens may be detained. They are not charged and convicted, their status is adjudicated.

      They may have committed illegal acts quite separate from their status, and if so a view will be taken on that by a criminal prosecutor, but that is a different matter.

      It's about getting your head around the idea that an undocumented status is not a "crime", it is an administrative status.

      Therefore to use the term "illegal" in it's narrower common usage is inaccurate and unhelpful.

      I hope that the quality of debate will improve,
      but I fear we will remain Democrats.

      Who is twigg?

      by twigg on Wed Feb 13, 2013 at 06:51:59 PM PST

      [ Parent ]

      •  Believe it. (2+ / 0-)
        Recommended by:
        twigg, justiceputnam

        Even right wing nutjob immigrant hater Tom Tancredo says it's a civil infraction, not a crime. I do believe it's the only thing he ever said that I agree with. Oh yeah, I got your back too JP.

      •  Nope (1+ / 0-)
        Recommended by:
        VClib

        sorry, but you just don't know what you're talking about. Not all civil law is "about money." Seriously, you're really looking silly with your posturing as an expert.

        Done with politics for the night? Have a nice glass of wine with Palate Press: The online wine magazine.

        by dhonig on Wed Feb 13, 2013 at 08:08:33 PM PST

        [ Parent ]

        •  I am not (0+ / 0-)

          as you so charmingly, and delicately put it, "posturing" as anything.

          I am expressing a view, and I thought that is what we do here.

          Civil Law is about money, even if there might be some instances where it is not. Civil Law is about making good damages.

          Of course we have no idea about the exceptions there might be, because you forgot to mention them.

          You are the first person in fifty years who I have ever heard try to deny that.

          I hope that the quality of debate will improve,
          but I fear we will remain Democrats.

          Who is twigg?

          by twigg on Thu Feb 14, 2013 at 06:17:40 AM PST

          [ Parent ]

          •  Sorry, but you're wrong (0+ / 0-)

            and when you claim that, though you're not a lawyer, you have years of experience and knowledge, yes, you're posturing.

            Civil law is not always about money. Civil law is, simply, not criminal law. The Rules of Civil Procedure apply to many different sorts of action, from contract cases to injunctive relief. money does not define civil. Not criminal defines civil.

            Done with politics for the night? Have a nice glass of wine with Palate Press: The online wine magazine.

            by dhonig on Thu Feb 14, 2013 at 10:56:53 AM PST

            [ Parent ]

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