Malum in se
Malum in se is a
Latin phrase meaning
wrong in itself; it is an act that is illegal from the nature of the act, i.e. it is inherently evil without any fact of its being noticed or punished; such crimes as
larceny,
rape and
murder are considered
malum in se. This concept was used to develop the various common-law crimes. This term is to be distinguished from
Malum prohibitum or wrongs that are prohibited, i.e. it is not inherently immoral or hurtful, but only wrong by statute, such as
parking violations.
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