First, to determine when a criminal act can be punishable one must distinguish between mala in se and mala prohibita. Mala in se is dangerous act such as rape or murder, and mala prohibita are acts that are deemed illegal by statutory law. A society expects to be protected and safe in their nation, and when a crime is committed we seek the justice system in hopes of punishment. Next, for a crime to be punishable men’s rea must be present. Mens rea is the criminal intent of a crime meaning that the criminal is aware that they are violating the law. Lastly, actus rea is the
First, to determine when a criminal act can be punishable one must distinguish between mala in se and mala prohibita. Mala in se is dangerous act such as rape or murder, and mala prohibita are acts that are deemed illegal by statutory law. A society expects to be protected and safe in their nation, and when a crime is committed we seek the justice system in hopes of punishment. Next, for a crime to be punishable men’s rea must be present. Mens rea is the criminal intent of a crime meaning that the criminal is aware that they are violating the law. Lastly, actus rea is the