Sample Essay on:
“Natural Crimes” and “Legal Crimes”

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Essay / Research Paper Abstract

This 5 page paper discusses “natural crimes” (“mala in se”) – crimes that are morally wrong; and “legal crimes” (“mala prohibita”) – crimes that are illegal only because the law says so. Bibliography lists 4 sources.

Page Count:

5 pages (~225 words per page)

File: D0_HVnatlgl.rtf

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Unformatted sample text from the term paper:

is known as mala prohibita and is wrong because it is prohibited by law. This paper considers these two concepts and then examines the FBI crime index to see which crimes might be put into which category. Discussion Davis argues that neither definition serves the legal community particularly well, because of the changes that have occurred in society over the years since the terms first came into common usage (Davis, 2006). However, mala in se is the more problematic of the two, because it requires that judgments be made on the basis of morality, and people dont always agree on what is moral and immoral. Davis notes that today, people still argue cases based on concepts set forth by William Blackstone in the mid-18th century, specifically mala in se and mala prohibita (2006). The problem is that "the distinction between malum in se and malum prohibitum breaks down when the concepts are applied to specific crimes" (Davis, 2006, p. 270). For instance, Davis argues that its difficult to classify statutory rape, since the criminal aspects of the offense lie in the age of the victim, not in the conduct of the actors per se (Davis, 2006). This is, a man or boy can be charged with statutory rape even if the girl consents, provided she is not of age. If she wants to make love with her boyfriend, makes the decision of her own free will and is not coerced or threatened in any way, the law still says intercourse is still a crime if shes under age; the same act if shes of age is no longer criminal. This is a perfect example to show why these concepts are difficult to apply effectively or even-handedly. Davis suggests another example if a girl who has been raped aborts the fetus ...

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