Have you ever come across the term malum in se and wondered what it means? The Latin phrase malum in se literally translates to “evil in itself.” In legal terms, it is used to describe an act or behavior that is considered morally wrong independently of any law that may prohibit it.
This concept is important in criminal law proceedings, as many laws are based on determining if an action or behavior is malum in se. Basically, it is defined as an act that is seen as wrong or immoral, even if it is not explicitly illegal. Common examples in modern times include murder, rape, child abuse, fraud, and theft.
The Difference Between Malum in Se and Malum Prohibitum
It is important to understand the difference between malum in se and malum prohibitum. Malum prohibitum is an action or behavior that is wrong only because of a law prohibiting it. This could include civil infractions like jaywalking, and other minor offenses.
Criminal courts are usually only concerned with acts that are malum in se, not malum prohibiti. Each criminal case is based on determining if the act or behavior in question is seen as evil or immoral, regardless of the law it may or may not have violated.
Conclusion
Understanding the concept of malum in se is essential for legal professionals and those involved in criminal law proceedings. It is an important distinction to recognize when determining guilt or innocence in criminal cases, as it serves to differentiate between unlawful acts that are inherently wrong and those that are only wrong because of existing laws.