CRIM 2652 Lecture Notes - Lecture 3: Malum Prohibitum, Victimless Crime, Actus Reus
12 Oct 2016
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Crim 2652 lecture 03 understanding canadian criminal justice ii. Mala prohibita are basic rules that people agree to what are right and wrong. Mala in se is that murder is wrong. Values are reproduced as they are punished through the criminal law and systems to discipline each other. Consensus views certain actions and behaviours as intrinsically wrong that society agree on. Social view that murder is wrong and should not be tolerated but not every killing is considered murder (i. e. self defense, euthanasia, military) Murder is wrong because it"s a criminal act of certain elements demonstrated by the state that a person can be held criminally liable for what they have committed. And the criminal law says that if someone is convicted of murder, there must prove mens rea (guilty mind) and actus reus (criminal act) ** this puts limits on state activity. There are also moral offenses and victimless crimes such as prostitution, drugs, gambling, and drinking.
