Criminal Law

mala in se is a crime that is inherently evil because it is against the moral principles, superior law and the law of nature whereas mala se prohibitum is a crime that is prohibited by the positive law or human-made law (Wellman, 2017). Example of mala in se crime is murder. According to the moral principle of utilitarianism, murder is morally wrong since it does not maximize happiness. When a criminal commits the crime of murder, he or she prevent happiness and enjoyment that the victim could experience in the future. God, the author of the law of nature forbids murder and commands that human beings should have a moral character (Wellman, 2017). Example of mala se prohibitum is the violation of traffic laws and in specific, driving while intoxicated. The latter is a criminal offense that is against the law and it fits in the mala se prohibitum because it is prohibited by a legislature.  It is not inherently immoral to drink alcohol because when the driver drinks alcohol, he or she may behave virtuously and possess the self-control in driving. However, the statutory law prohibits driving while intoxicated to maximize safety (Wellman, 2017).  Drivers who violate the law face severe consequences such as fines and jail.

Battery is touching someone with unlawful intent.  The punishment requires probation or a year in jail.  I oppose the court's opinion and argue that battery is not a crime of violence. This is because a person may touch another person unintentionally. The court should not pass case law in this offense but it should provide the defendant with a prohibitory injunction. The latter means that the court should employ fairness and good faith and create a legal relationship between the two parties (Scheb & Scheb, 2008).  The court should also forbid the offender from repeating the action and manage his or her behaviors.

 

References

 

Wellman, C. H. (2017). Rights forfeiture and punishment. New York Oxford University Press

 

Scheb, J. M., & Scheb, J. M. (2008). Criminal law and procedure. Belmont, CA: Thomson

Wadsworth.