Mala in Se
Literal meaning: “Wrong in itself.”
What does the Latin term "Mala in Se" mean in law?
Mala in se refers to acts that are inherently wrong, immoral, or evil by their very nature, regardless of whether a statute prohibits them. Classic examples include murder, robbery, arson, and rape. The concept is one of the oldest in criminal jurisprudence, reflecting the idea that certain conduct is universally condemned by civilized societies. Crimes that are mala in se typically correspond to common-law offenses and carry a strong moral stigma. The distinction between mala in se and mala prohibita (wrongs only because they are prohibited by statute) has implications for strict liability, the intent requirement, and the classification of offenses.
Source: Criminal · Legal Latin
Legal Definition
Mala in se refers to acts that are inherently wrong, immoral, or evil by their very nature, regardless of whether a statute prohibits them. Classic examples include murder, robbery, arson, and rape. The concept is one of the oldest in criminal jurisprudence, reflecting the idea that certain conduct is universally condemned by civilized societies. Crimes that are mala in se typically correspond to common-law offenses and carry a strong moral stigma. The distinction between mala in se and mala prohibita (wrongs only because they are prohibited by statute) has implications for strict liability, the intent requirement, and the classification of offenses.
How It's Used
Mala in se is used in criminal law to classify offenses as inherently wrongful. It is contrasted with mala prohibita to highlight whether moral turpitude attaches to the conduct. The distinction may affect sentencing, the applicability of strict liability, and immigration consequences.
Example Sentences
Murder is the paradigmatic mala in se offense — it is considered wrong by its very nature in every society.
The court distinguished between mala in se crimes, which require proof of intent, and mala prohibita offenses, which may impose strict liability.
Crimes that are mala in se are generally considered more serious and carry greater penalties than regulatory offenses.