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types of crimes or offenses

Posted: Sat Dec 15, 2012 8:39 am
by goose
I am mot good with my searching, obviously.

Someone had made a post about different types of crimes. The base idea was that murder is a crime in everyone's mind. Maybe public drunkenness (absent bad behavior) is only a crime in some peoples opinion. The poster had terms along the lines of implicit crime vs explicit crime. Those are the wrong terms just examples of what I can't remember. For the life of me I can't remember the terms and I can't seem to google the idea. It was a great post and topic.

If anyone can point me in the right direction, I would greatly appreciate it.

Re: types of crimes or offenses

Posted: Sat Dec 15, 2012 12:21 pm
by seamusTX
The terms you are looking for are
  • Malum in se—inherently wrong by nature
  • Malum prohibitum—an act prohibited by law
Examples of malum in se are murder, rape, and robbery.

Even these categories become blurred. We view killing in self-defense as legitimate, not murder. We view killing in a just war as legal, but even in a just war a soldier can commit murder (for example, of a non-combatant or restrained prisoner).

Some cultures accept "honor killings" and vendettas.

Examples of malum prohibitum in modern American society are possession of illegal drugs, insider trading, and (to be on-topic) carrying a firearm at a sporting event.

Insider trading was legal in the U.S. until a couple of decades ago, and still is considered normal business practice in most countries.

In some times and places, being the wrong religion, possessing the wrong books, possessing or consuming alcohol, assisting fugitive slaves or Jews, or working on the Sabbath have been mala prohibita. In most European countries it is illegal to call oneself a Nazi, express sympathy or admiration for the Nazis, or sell Nazi artifacts.

- Jim

Re: types of crimes or offenses

Posted: Sat Dec 15, 2012 12:42 pm
by goose
seamusTX wrote:The terms you are looking for are
  • Malum in se—inherently wrong by nature
  • Malum prohibitum—an act prohibited by law
- Jim

Thank you Jim! Mercy, I had my words all messed up. This has been a really important quest for me recently. I appreciate you. :tiphat:

Re: types of crimes or offenses

Posted: Sat Dec 15, 2012 12:47 pm
by seamusTX
I'm glad I could help.

For your homework, read everything written by Saint Augustine of Hippo and Immanuel Kant.

:smilelol5:

- Jim

Re: types of crimes or offenses

Posted: Sat Dec 15, 2012 5:36 pm
by gringo pistolero
I think the reason insider trading became illegal in the USA is because mores and values changed. As a society we now believe it's wrong (malum in se) because it's a type of fraud against the other person, like not revealing termite damage when selling a house. But like you said, other societies have their own moral judgments about insider trading, vendetta, bribery and blasphemy.

Re: types of crimes or offenses

Posted: Sat Dec 15, 2012 7:38 pm
by seamusTX
gringo pistolero wrote:I think the reason insider trading became illegal in the USA is because mores and values changed. As a society we now believe it's wrong (malum in se) because it's a type of fraud ...
Values do change. Beating a child was not illegal unless it caused injury, maybe up to 1900. Earlier slavery was legal. In Biblical times people were stoned to death for committing adultery.

Thick books have been written about these questions.

- Jim

Re: types of crimes or offenses

Posted: Sun Dec 16, 2012 9:58 am
by JP171
seamusTX wrote:I'm glad I could help.

For your homework, read everything written by Saint Augustine of Hippo and Immanuel Kant.

:smilelol5:

- Jim

you are a bad man Jim :evil2:

Re: types of crimes or offenses

Posted: Sun Dec 16, 2012 3:55 pm
by Abraham
I've observed (Dems & Reps) pols scurry like roaches when the lights are turned on when asked to address the topic of THEIR insider trading. (they fashioned the laws allowing them to get away with it)

If you have any faith in any one politician look into their insider trading activity and ask yourself if they're to be admired or scorned as criminals...the top echelon are deep into insider trading while claiming their dedication to public service.

Public Service defined as feeding at the public trough.