THIS is why its so important to understand the difference between the law and statues. Between: Malum in se crimes; A wrong in itself: an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral and public law. An act is said to be malum in se when it is inherently and essentially evil, that is, immoral in its nature, and injurious in its consequences, without any regard to the fact of its being noticed or punished by the law of the state. Such are most or all of the offenses cognizable at common law (without the denoucement of a statue); as murder, larceny, etc. Compare Malum prohibitum. and Malum prohibitum: is the statutory means of declaring something illegal or unlawful simply because there is a law that says it is, not because there was necessarily any injury or harm because of it.
Posted on: Sat, 16 Nov 2013 19:39:18 +0000
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