Malum in se offenses

The Owensboro Criminal Defense Attorney's normally don't get to pick their cases.  As defense attorneys they are tasked to defend whoever it is that hires them.  When looking at cases and their difficulty malum in se offenses are still the most heinous of crimes in civilized society.  As a Kentucky Criminal Defense Attorney and bond reduction attorney in Owensboro a crminal attorney will have to make tough decisions. 

What are malum in se to the criminal attorney?

Malum in se and Malum ad Prohibitum defenses such as mistake of law, no knowledge of law or interpretation of law.

     Malum in se is a Latin phrase that means "evil in itself." In criminal law, it refers to crimes that are inherently wrong or morally wrong. Examples of malum in se crimes include murder, theft, and fraud. These crimes are considered wrong regardless of the specific laws of a particular jurisdiction, and they are typically punished more severely than malum prohibitum crimes.

     Malum prohibitum, on the other hand, refers to crimes that are only considered wrong because they are prohibited by law. These crimes are not inherently wrong or morally wrong, but they are considered wrong because they are prohibited by law. Examples of malum prohibitum crimes include traffic violations, public intoxication, and littering.

In general, crimes that are considered malum in se are more serious and are punished more severely than crimes that are considered malum prohibitum. This is because crimes that are considered malum in se are considered morally wrong, whereas crimes that are considered malum prohibitum are only considered wrong because they are prohibited by law.

     Malum Prohibitum Offenses, or Mala Prohibitum Crimes, is conduct that is not objectively wrong, but conduct that society is prohibiting.  Malum Prohibitum Crime results from people wanting a betterment rather than the punishment of crime.  Thse types of offenses really don't require the an intent and so that ignorance of the law is not a defense.  Ignorance of the law is not a defense in Malum in se offenses or Malum Prohibitum Offenses, but for different reasons. 

owensboro criminal defense attorney

Malum in se Crimes know to most people;

Malum in se crimes are those that are considered inherently wrong or morally wrong, regardless of the specific laws of a particular jurisdiction. Examples of malum in se crimes include:

1. Murder: The unlawful killing of another person with malice aforethought (premeditation).
2. Theft: The unlawful taking of another person's property without their consent.
3. Fraud: The intentional deception of another person for personal gain.
4. Sexual assault: Any nonconsensual sexual act, including rape.
5. Arson: The intentional destruction of property by fire.
6. Sodomy;
7. Rape;
8. Assault;
9. And many more.

Other examples of malum in se crimes may include kidnapping, aggravated assault, and bribery. These crimes are considered morally wrong and are typically punished more severely than malum prohibitum crimes, which are only considered wrong because they are prohibited by law.