Malum in se
An innately immoral act, regardless of whether it is forbidden by law. Examples include adultery, theft, and murder. See, e.g. United States v. Bajakajian, 524 U.S. 321 (1998).
Definition from Nolo’s Plain-English Law Dictionary
(mal-uhm in say) Latin for something "wrong in itself," even in the absence of a law making it illegal.In criminal law, it describes acts that have traditionally been considered crimes, whether or not a specific written law made them crimes, because they violate the principles of civilized society. Examples are murder, rape, and theft. By contrast, making a left turn at an intersection where a traffic law prohibits it would not be malum in se, because it is based only on statutory law. Compare: malum prohibitum
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:19 pm
