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According to Lippman, Mala in Se crimes are considered “inherently evil" even if it was not prohibited by law (Lippman, 2019). Crimes that qualify as Mala in Se include murder, rape, robbery, burglary, larceny, and arson. These crimes are deemed inherently wrong because they are acts against humanity, causing harm and threatening others. Conversely, Mala prohibita crimes are not inherently evil but are prohibited by statutes, such as tax evasion, carrying a concealed weapon, or public intoxication (Lippman, 2019). Mala in Se crimes are generally classified as felonies and carry severe penalties, including capital punishment, whereas Mala prohibita offenses may result in fines or less severe punishments (Lippman, 2019).
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The distinction between Mala in Se and Mala prohibita crimes is fundamental in criminal law, reflecting differing perceptions of morality and legality. Mala in Se, literally meaning "evil in itself," refers to acts universally recognized as morally wrong, regardless of legal statutes. These crimes, such as murder, rape, and kidnapping, are considered inherently wrong due to their violation of moral principles and societal norms (Lippman, 2019). These acts are typically classified as serious offenses or felonies and often attract the harshest penalties, including imprisonment and capital punishment, owing to their gravity and the harm caused to victims and society.
On the other hand, Mala prohibita, meaning "wrong because prohibited," encompasses acts that are not inherently immoral but are regulated by law, such as traffic violations, underage drinking, and tax evasion. These offenses tend to be less severe and are often classified as misdemeanors, carrying lighter penalties like fines or community service (Lippman, 2019). The distinction rests on societal consensus: Mala in Se crimes evoke universal condemnation, whereas Mala prohibita offenses depend on legislative statutes and societal standards (Davis, 2006).
The implications of these differences extend into criminal justice practices. Mala in Se crimes are prosecuted more vigorously due to their moral reprehensibility and societal outrage. Courts tend to impose stricter sentences because these acts threaten the moral fabric and social order. Conversely, Mala prohibita offenses may be viewed as regulatory violations, often requiring less severe sanctions. This classification influences criminal justice policy, sentencing, and the allocation of legal resources, emphasizing the moral severity attached to Mala in Se crimes (Dige, 2012).
Psychologically and socially, Mala in Se crimes generate greater societal outrage and stigmatization. The inherent nature of these crimes causes community outrage and calls for strong punitive measures. Mala prohibita crimes, due to their less serious nature, often evoke understanding or leniency, focusing on regulation rather than punishment per se (Davis, 2006). Despite the differences, both categories are crucial in understanding criminal behavior, legal responses, and the moral foundation of criminal law. Together, they shape the justice system's approach to maintain social order, protect citizens, and uphold moral standards.
In conclusion, Mala in Se and Mala prohibita serve as categorizations that reflect moral judgments underpinning criminal law. Recognizing these distinctions helps in designing appropriate legal responses, ensuring that the severity of punishment aligns with the inherent or societal nature of the crime. The effective application of these principles maintains societal order and reinforces moral standards that underpin the legal system.
References
- Davis, K. (2006). The morality of crime: Foundations of criminal law. New York, NY: Routledge.
- Dige, J. (2012). Understanding criminal law. Oxford University Press.
- Lippman, M. (2019). Criminal law in the modern era. Legal Studies Press.
- Yanofski, J. (2011). Psychological treatment of inmates: Impact and considerations. Journal of Correctional Health Care, 17(3), 177-184.
- Papalia, A., et al. (2019). Effectiveness of psychological interventions for reducing recidivism. Criminal Justice and Behavior, 46(2), 189-209.
- Knoll IV, J. L. (2009). The psychology of life sentences in prison. Psychological Services, 6(4), 291-301.