Republicans Believe Illegal Immigration 'Should be a Crime'

[Platapus]

Originally Posted by CaptainHaplo

Your logic is flawed, because to enter the country legally:


Simple - you cannot BE present legally in a location if you did not gain entry to that location in a legal manner.

I know your smarter than this though.

Thank you, I appreciate the complement, but honestly my post is more a factor of my experience in legal research than in intelligence. But, I am afraid that it is your logic that is flawed. If you go back to my post, I explained that the prosecutor needs to prove all the elements of the crime, there can be no assumptions nor presumptions.

Yes it is a common sense inference that if a person did not enter legally, they can't be present legally. However, that is not how the law works. The law does not work on common sense inferences, but on proving the elements of the crime as listed in the law. That and the tenet that the prosecutor has to prove guilt, the defendant does not have to prove non-guilt.

The problem is that the way the Title 8 laws are written, it is difficult, not impossible, to prove that a person is in the country illegally, unless they confess, or in the case of Section 1325 they are caught on the boarder.

This is why prosecutors like to find other charges that are easier to prove (drugs, weapons, tax-evasion, trafficking, etc.) to criminally deport people or go through the non-criminal administrative hearing route which is a lot easier and therefore the preferred way of handling this issue.

Now, there is a poser: How would anyone of us reword or make up a new law that would make it easier to prosecute?

Remember that prosecutor has to prove ALL elements and that the prosecutor has to prove guilt.

That should be an interesting discussion.

[Kpt. Schaker]

Go to Mexico! And scream OUT I"m not Mexican I'm an illegal from another country! They'll throw your butt in the CAN and deport your butt. But it seem's everybody can come to the U.S.A. and demand rights without being a Citizen. Go demand rights in any other Country in the world and you'll see what will happen to you! This Country United States is one who babies illegals. We need to deport to make space! The thing is politicians are to damn scared to stand up say what's in theirs hearts. And don't get me wrong I'm half Hispanic. And mankind needs to control their POPULATION less screwing and more resources will provide a richer society. BUT NO POLITICIAN HAS THE BALLS TO SAY TO THE PUBLIC 2 CHILDREN PER COUPLE AND DON'T IMPREGNATE A WOMAN IF YOU DON'T HAVE INCOME TO SUPPORT!. Yeah that's right people will be hating! But I'm right in the money!.