In the beginning , legal scholars classified crimes according to the scholarly view of the inherent nature of the crime as an act. This early classification divided crimes pursuant to the Lockean perspective of natural law posited into the simpler , more inherent human condition in nature.
These scholars theorized that within humanities natural society, there existed essentially two types of crimes. Malum en se, meaning crimes such as homicide, rape, assault, theft, battery etc which were regarded as inherently immoral , destructive and criminal across most cultures and listed as a criminal violation by most cultures, nations, cultures across national, ethical, racial and religious boundaries. In other words, the criminal violation was immoral and offensive inherent in nature.
The other type of crime was malum prohibition, which was an act made a crime , because the powers of the State legislature or executive order prohibited the specific act thereby dictating the act would be a criminal violation. For example, prohibition against alcohol, prostitution, tax evasion, failure to register for the draft, business licensure, truancy, etc etc.
Hence, the malum en se crimes are acts are generally considered immoral and criminal across many cultures and a common perspective across humanity. While Malum prohibited acts are defined and made criminal by enactment of the police powers of the particular government controlling or having jurisdiction over the region governed. Therefore, these types of Malum prohibited violations often drastically vary from jurisdiction to jurisdiction. For instance, prostution is legal, regulated and taxed in Nevada. While the polygamist family relationship is decriminalized in Utah.
In a state of nature, neither polygamy nor prostitution are inherently criminal acts, but are thus made criminal acts by the police powers of the particular government, which have the police powers over the jurisdiction.
by Jeffrey Elliott (Cruz)
The Castilian barrister
