Denton Criminal Attorneys

Malum in Se v. Malum Prohibitum

In the criminal law system, there are two broad categories of crimes. Crimes are generally either the malum in se or malum prohibitum. It is pretty difficult for a crime to be both.

The distinction between the two types of crimes is something that is very important to criminal law systems in countries that got their start with the British common law system. Malum in se actions are actions that are wrong in and of themselves. Many of the crimes that are classified as malum in se are common law crimes. Common law crimes are crimes that are judge-made and have judge-made rules to go with them. Many of these crimes have been codified by legislatures but have their origins in the judge-made rules of the common law.

Some common examples of malum in se crimes are murder, rape, theft, and fraud. Prior to codification, or even judge-made rules on these items, it was recognized that doing these things was wrong. People just know that killing other people is bad.

Malum prohibitum crimes are things that are wrong because the legislature or some other body says so. They are crimes that people would not think anything of doing if not for the rules against it. Malum prohibitum crimes are typically not morally wrong crimes. They include things like breaking speed limits or driving with too much alcohol in one’s blood stream. These crimes are not viewed as wrong because they are simply wrong. They are wrong because a legislative body said so.

Contact a Denton Criminal Lawyer

If you have been accused of a crime and are in need of experienced legal representation to fight the charges, contact the Denton criminal lawyers of Alexander & Associates at 972-420-6560 to determine the best plan for a successful defense.