Mala in Se Crimes Quiz and Flashcards Examples

Study Notes

Introduction

Understanding criminal law requires knowledge of various types of crimes, including those defined by their intent and nature. Two such categories - mala prohibita and mala in se - play significant roles in defining criminal acts and determining penalties. This article provides an overview of these two categories, along with a discussion of intent in criminal acts.

Definition of Terms

Before delving into the specifics, it is essential to understand some key terms:

Mala Prohibita: These are generally considered minor offenses where the government has deemed certain actions illegal without any inherent morality involved. Examples might include jaywalking or driving under the influence of alcohol when there is no one else involved.
Mala In Se: Also known as "moral crimes," these are considered more serious offenses - those with inherently wrongful nature, such as murder and theft. They are considered to have an immoral element attached to them that makes them universally recognized crimes.
Intent: This refers to the mental state or consciousness with which someone acts. To commit any crime, criminal intent must exist; that means the individual must have a general understanding of their actions and must intend those actions.

Mala Prohibita and Mala In Se

Mala Prohibita

Malicious prosecution is an example of a crime under mala prohibita. The key characteristic of this type of crime is that it requires only a violation of a statute; there does not need to be any inherently wrongful nature involved. This category includes crimes like minor traffic infractions, such as driving without a license or violating parking rules, jaywalking, and operating a noisy vehicle. These offenses generally result in lesser punishments because they do not involve morally objectionable behavior.

Mala In Se

Murder and theft are examples of crimes under mala in se. These offenses require no particular impetus for their commission; they are considered inherently wrongful regardless of societal context. They warrant severe punishment due to their immoral elements. Marital rape and sexual assault also fall into this category since these acts are universally recognized as inherently wrongful and criminal.

Intent plays a crucial role in determining whether an offense falls under malice in se rather than malice in prohibition, which can affect the severity of potential consequences:

If a person commits an action without intent or purpose, the act cannot be considered malice in se since no inherently evil conduct occurred. Thus, many minor offences classified as malice prohibitions may warrant lesser punishments because they involve little understanding of the immoral wrongfulness of the action. Source: The Law Dictionary

However, not all actions lack general understanding; sometimes the moral implications of one's acts may be unclear until analyzed further:

Crimes classified as malice in prohibition can still entail substantial harm or distress, but there may be reasonable doubt regarding whether this harm constitutes inherently evil conduct. For example, if a person breaches a contract to supply the public with foodstuffs, but due to reasons beyond their control, becomes unable to deliver goods, then the act could be subject to debate on the extent to which it meets the criteria for being classed as criminal status. Source: The Law Dictionary

In summary, while both mala prohibita and mala in se crimes require proof of criminal intent, the consequences differ significantly based on the category under which the crime falls.

Conclusion

Exploring criminal acts through the lens of malo prohibita and malo in se helps contextualize the legal significance of different types of behavior within society. Understanding these concepts also sheds light on how intent plays a critical role in determining the severity of consequences associated with criminal acts.

Description

Learn about the distinctions between mala prohibita and mala in se crimes, along with the role of criminal intent in determining penalties for different types of offenses. Explore how these categories define criminal acts and the consequences associated with them.