Differentiate between mala in se crimes and mala prohibita crimes.
What will be an ideal response?
Answers will vary. Criminologists often express the social function of criminal law in terms of mala in se or mala prohibita crimes. A criminal act is referred to as mala in se if it would be considered wrong even if there were no law prohibiting it. Mala in se crimes are said to go against "natural laws"-that is, against the "natural, moral, and public" principles of a society. Murder, rape, and theft are examples of mala in se crimes. These crimes are generally the same from country to country and culture to culture.In contrast, the term mala prohibita refers to acts that are considered crimes only because they have been codified as such through statute-"human-made" laws. A mala prohibita crime is considered wrong only because it has been prohibited. It is not inherently wrong, though it may reflect the moral standards of a society at a given time. Thus, the definition of a mala prohibita crime can vary from country to country and even from state to state. Bigamy, or the offense of having two legal spouses, could be considered a mala prohibita crime.Some observers question the distinction between mala in se and mala prohibita. In many instances, it is difficult to define a "pure" mala in se crime. That is, it is difficult to separate a crime from the culture that has deemed it a crime. Even murder, under certain cultural circumstances, is not considered a criminal act. In a number of poor, traditional areas of the Middle East and Asia, the law excuses "honor killings," in which men kill female family members suspected of sexual indiscretion.
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