Review Of ' Se Vs. Mala Prohibita Essay

932 Words Oct 11th, 2015 4 Pages
Ashley Acea
October 10, 2015
Crim. Theory
Mala in se vs. Mala prohibita Crime is a behavior, which is caused either by an act or an omission that constitutes an offense that is punishable by the law. Not all crimes are equal on level of severity, for instance violating a traffic law is a much lesser infraction than murder, even though both are against the law they fall under two very distinct categories. These two categories of crimes are known as mala in se and mala prohibita.
Some acts such as murder or robbing a bank while armed are crimes that are against the law in all countries and regions of the United States. These violent and shocking crimes are known as mala in se crimes meaning evil in itself. These actions are deemed evil because of the nature of the crime and are typically are more serious violent offenses, such as felonies, that shock the society in which they occur. Mala in se crimes such as armed robbery and murder are most likely to result in a prison sentence due to their severity.
The second category of crimes that are not inherently evil are known as mala prohibita, meaning evil because prohibited. This term acknowledges that these crimes are not inherently evil acts but that they are only considered bad because they violate a law. Anyone can be unaware that they are committing a crime mala prohibta because these actions are not obviously seen to be wrong. For instance, you could be unaware of some traffic laws if you are visiting a different…

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