Malum In Se: The Inherent Wrongness of Certain Crimes
Definition & Meaning
Malum in se is a Latin term that translates to "wrong in itself." It refers to actions that are inherently immoral or unethical, regardless of whether they are prohibited by law. Common examples of malum in se crimes include serious offenses such as murder, rape, and theft. These acts are universally recognized as wrong, independent of legal statutes. In contrast, some actions are considered malum prohibitum, meaning they are deemed wrong only because they are prohibited by law, such as certain traffic violations.
Legal Use & context
This term is primarily used in criminal law to categorize offenses based on their inherent morality. Understanding whether an act is malum in se can influence legal proceedings, including the severity of penalties and the moral culpability of the offender. Legal professionals often reference this concept when discussing the nature of crimes and their implications in court. Users may find relevant legal forms for criminal defense or related matters through platforms like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Examples of malum in se include:
- Murder: The act of unlawfully killing another person is universally regarded as wrong.
- Rape: This act is considered inherently immoral and is condemned across all societies.