Draft Two Statutes, One Defining A Mala Prohibitum Crime ✓ Solved

Draft two statutes, one defining a mala prohibitum crime and the other a mala in se crime

Develop two criminal statutes that pertain to the ownership, care, control, or use of animals. One statute should define a 'mala prohibitum' crime, which is a crime that is wrong because it is prohibited by law but not necessarily inherently immoral, and the other should define a 'mala in se' crime, which is inherently immoral or wrong by nature. Clearly articulate the language of each statute, specifying the criminal act and the required mental state. Then, explain why each statute corresponds to its respective category of mala in se or mala prohibitum, including the rationale behind classifying each as such.

Sample Paper For Above instruction

In constructing statutes related to animal ownership and control, it is essential to differentiate between crimes that are mala in se and those that are mala prohibitum. This distinction helps clarify the moral and legal basis of the offenses, influencing how they are prosecuted and penalized.

Statute 1: Mala Prohibitum Crime

Title: Animal Cruelty by Neglect (Mala Prohibitum)

Statute: It shall be unlawful for any person to fail to provide adequate food, clean water, shelter, or medical care to any animal under their control. A violation of this statute is a petty offense if the neglect is minor, but constitutes a misdemeanor if the neglect results in serious injury or death. The mental state required is negligence, meaning the defendant failed to exercise the care that a reasonable person would exercise under similar circumstances.

Explanation: This statute is mala prohibitum because it criminalizes conduct that is wrong primarily because society has prohibited it—namely, neglect and cruel treatment of animals. The act is not inherently immoral by nature but is deemed unacceptable through societal norms and laws established to protect animals.

Statute 2: Mala In Se Crime

Title: Animal Fighting (Mala In Se)

Statute: It shall be unlawful for any person to provoke, organize, or participate in any activity that involves fighting or baiting animals with the intent to cause injury or death. A violation of this statute is a felony, and the mental state required is intentionally causing harm or knowingly participating in harmful activities against animals.

Explanation: This statute is mala in se because it addresses inherently immoral conduct—causing intentional harm to animals. Unlike the first statute, which is based on societal regulation, this conduct is morally wrong by its very nature, reflecting societal consensus that cruelty to animals is fundamentally wrong.

References

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