Sunday, July 26, 2009

Malum in se vs malum prohibitum

Malum in se a Latin phrase referring to crimes that are innately evil from the nature of the crime, without any notice of it being punished, based on English common law. Common law crimes are malum in se crimes. On the other hand, malum prohibitum is a Latin phrase that refers to crimes that society decides are wrong for some reason or lack of reason but are not innately evil. Malum prohibitum crimes include public order crimes and cultural taboos. Simply because something is legal does not make it right. Just because something is illegal does not make it wrong.

Malum in se: murder and manslaughter, rape, battery, assault, child abuse, theft (such as burglary and shoplifting), driving under the influence (DUI), robbery, extortion, kidnapping, fraud, deceit, forgery, counterfeiting, embezzlement, arson, vandalism, terrorism, genocide, treason, crimes against humanity

Malum prohibitum: speeding, parking violations, driving on the wrong side of the road, copyright infringement, drug possession, not wearing seat belts, indecent exposure, having a broken tail light, smuggling, trespassing, doing certain things without a license, selling certain things to minors, food and drug regulatory offenses, tax law violations (such as tax evasion), publication expressing discrimination, animal cruelty

You make the call: abortion, defamation, usury

Malum in se offenses are usually felonies, and they sometimes involve violent and nonconsensual activities. Malum prohibitum offenses are usually misdemeanors and usually involve nonviolent and consensual activities. However, more people are incarcerated for malum prohibitum offenses than for malum in se offenses. Malum prohibitum cases are naturally more likely to inspire claims of mistake of law than malum in se cases. Defendants in malum prohibitum cases can claim that they were unaware of the illegality and the wrongfulness of the offense, but those in malum in se cases cannot.

Feminism has in part caused increased prevalence of malum in se incidents and excessive or unconstitutional malum prohibitum laws.

Thursday, July 2, 2009

Vitolio Jeune has been voted off So You Think You Can Dance

First it was Jasmine Murray and now Vitolio Jeune, thus both missing the top 10 on their respective competitions. So You Can Think You Can Dance season 5 is American Idol season 8 all over again. I am shocked that Vitolio Jeune has been eliminated from So You Think You Can Dance competition, and Kupono is overrated. That is just as much as I was shocked about Comfort Fedoke being eliminated before the top 6 last season. Vitolio's original dance partner was Asuka Kondoh, who was eliminated last week. This week, he did the Quick Step routine, which is a kiss of death routine.

I hope next year, my luck will change on reality television. I hope next year, my first pick on American Idol season 9 and on So You Think You Can Dance season 7 both make the top 10. I do not want 2010 to be 2009 all over again. 2009 is a dark year for me when it comes to reality television. However, the good news is that I will not have to work on the day after this shocking moment. If my first pick (or favorite finalist of the season) misses the top 10 on two more consecutive seasons of American Idol, I will quit watching the show for good. The same will go for So You Can Think You Can Dance.