Criminal Law

Mala in se v. Mala prohibita

• Another way to look at different types of crime
• This method is not as important or as frequently used
• The social function of criminal law designed by criminologists
• Mala in se: considered wrong even if there’s not a law that prohibits it
• Inherently wrong
• Natural and moral law
• Ex: murder
• Mala prohibita
• Considered crime because it has been defined that way, put into statute or law
• Varies from place to place (states, countries, localities)
• Ex: gambling
• Difficult to distinguish because technically all laws are defined.

Elements of a Crime

• You think you now know what crime is. -Think again.
• What is needed in order to have a crime? (ignore your book for this, it will only confuse you)
• * FOUR ELEMENTS NEEDED IN ORDER TO HAVE A CRIME
• * However, there are six basic elements
• * You must have:
• 1) Corpus delecti
• 2) Mens Rea
• 3) Actus Reus
• 4) Concurrence
• * You can have neither, either, or both of the other two remaining elements but you NEED THESE FOUR TO HAVE A CRIME.