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Keywords

plaintiffmotionsummary judgmentdeportationmotion for summary judgmentrehabilitation
plaintiffpleadeportationguilty plearehabilitation

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Tutrone v. Shaughnessy

Facts

Although born in Italy, the plaintiff had lived in the United States for 59 years. At the age of 62, he faced deportation due to two crimes involving moral turpitude committed when he was 16 or 17 years old. The plaintiff argued that these convictions should not be considered as crimes involving moral turpitude due to his age at the time and the rehabilitative nature of his sentencing.

Plaintiff, who has resided in the United States for some 59 years, was born in Italy in 1897. His parents brought him to the United States as a small infant in 1899. A few years after his arrival Tutrone's mother died and he was placed in an orphanage in Brooklyn. The Government contends that the undisputed evidence shows (a) that in 1914, when he was sixteen or seventeen years old, Tutrone, under the name 'Charles Marino', was convicted of petty larceny in the Court of Special Sessions of the City of New York upon a plea of guilty and was committed to the House of Refuge, and (b) that, in 1917, under the name of 'Joseph Rosso', he was convicted of attempted burglary in the third degree in the Kings County Court upon a guilty plea.

Issue

Whether the plaintiff's convictions for petty larceny and attempted burglary, committed as a juvenile, constituted crimes involving moral turpitude that would warrant deportation.

Was the conviction of the plaintiff for petty larceny at the age of sixteen or seventeen, for which he was committed to the House of Refuge, a conviction of a crime involving moral turpitude?

Rule

The court applied the principle that a crime involves moral turpitude if it demonstrates the baseness, vileness, and depravity of the perpetrator, considering the age and circumstances of the offender.

The essential question in determining whether a crime involves moral turpitude is whether the proscribed act, as defined by the law of the State in which it was committed, includes elements which necessarily demonstrate the baseness, vileness and depravity of the perpetrator.

Analysis

The court analyzed the nature of the plaintiff's offenses and his age at the time of conviction. It concluded that labeling the plaintiff's juvenile offenses as crimes involving moral turpitude would contradict modern standards for dealing with youthful offenders. The court emphasized the importance of rehabilitation over punishment for juveniles.

The court analyzed the nature of the plaintiff's offenses and his age at the time of conviction. It concluded that labeling the plaintiff's juvenile offenses as crimes involving moral turpitude would contradict modern standards for dealing with youthful offenders. The court emphasized the importance of rehabilitation over punishment for juveniles.

Conclusion

The court granted the plaintiff's counter-motion for summary judgment, vacating the order and warrant of deportation, as the government failed to establish that the plaintiff was convicted of crimes involving moral turpitude.

The Government has therefore failed to establish that the plaintiff, after entry, was convicted of two crimes involving moral turpitude and the order of deportation must fall.

Who won?

Plaintiff prevailed in the case because the court found that the government did not prove the convictions constituted crimes involving moral turpitude, especially considering the plaintiff's age at the time of the offenses.

Plaintiff prevailed in the case because the court found that the government did not prove the convictions constituted crimes involving moral turpitude, especially considering the plaintiff's age at the time of the offenses.

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