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Topic: Mala in se

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Mala prohibita

Crime

	Theories of Criminal Law
		Mala in se, as normally understood, are crimes consisting in conduct that is wrong independently of the criminal law -- that would have been wrong even had there been no criminal law.
		Mala prohibita, on the other hand, consist in conduct that is not thus wrong independently of the law that defines and creates them as crimes: they are wrong, in so far as they are wrong at all, only because they are prohibited by the law (see e.g.
		We should criminalise murder, rape and other central mala in se because, apart from the wrongful harm that they do to their individual victims, they wrong ‘the public’ (the generality of law-abiding citizens) by taking unfair advantage of them.
	plato.stanford.edu /entries/criminal-law (7926 words)

	Encyclopedia :: encyclopedia : Crime (Site not responding. Last check: 2007-10-29)
		Many Enlightenment thinkers such as Adam Smith and the American Founding Fathers subscribed to this view to some extent, and it remains influential among so-called classical liberals and libertarians.
		A crime malum in se is argued to be inherently criminal; whereas a crime malum prohibitum is argued to be criminal only because the law has decreed it so.
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	www.hallencyclopedia.com /Crime (1421 words)

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