Natural Crime Vs. Legal Crime

Compare Crime Concepts 1

Compare and Contrast Natural Crime

And Legal Crime

Shannon Ware

University of Phoenix

Foundations of Criminal Justice CJA/303

James Smith

July 15, 2007

Compare Crime Concepts 2

Compare and Contrast Natural vs. Legal Crime

A natural crime is one in which the morals of society find a particular action to be unacceptable. It is associated with mala in se, or an offense that is evil or wrong from its own nature irrespective of statue (Mala, 2007). A natural crime is such because of the idea that one should inherently know not to commit such acts.

A legal crime is closely associated with mala prohibita as it is considered to be wrong only because there is a law prohibiting it. Such crimes can be hurtful to a society if they are left unchecked but are not so bad that a person would be banished from that society for committing such actions. It would be expected that a person learn of these rules and regulations in order to be a productive member, but would not be considered an outcast if such offenses were to be committed.

An example of a crime that is mala prohibita would be the rules of the road. In the United States a person is expected to drive on the right hand side of the road. It is not inherently criminal to drive on the left, it is accepted practice and stated law to drive on the right. Those from England with find just the opposite (California 2007).

Part one offenses of the FBI's crime index can be considered mala in se. Included in part one offenses of the FBI

Compare Crime Concepts 3

crime index are criminal homicide, forcible rape, robbery, assault, burglary, larceny/theft, motor vehicle theft and arson. Crimes that are dangerous to life or limb fall under this area (Lehman & Phelps, 2005).

Part two offenses of the FBI crime index often fall under this category. They include simple assault, curfew offenses and loitering, embezzlement, forgery and counterfeiting, disorderly conduct, driving under the influence, drug offenses, fraud, gambling, liquor offenses, offenses against the family, prostitution, public drunkenness, runaways, sex offenses, stolen property, vandalism, vagrancy and weapons offenses (Uniform, 2005).

I consider Criminal homicide to be a crime mala in se because it is dangerous to life and limb. I believe people should have the right to be alive and not be hindered by another person in that right. I agree with our founding fathers when they said, in the Declaration of Independence, that we have the right to life, liberty and the pursuit of happiness (Kindig).

Along the same lines as criminal homicide, I believe forcible rape to be mala in se as well. An action that brings harm to another person's body is harmful within itself. Although they may not have taken that person's life, they have taken something from them. As stated by (Lehman & Phelps, 2005)

Compare Crime Concepts 4

crimes that are dangerous to life or limb fall under the category or a natural crime, or mala in se.

Crimes falling under part two of the FBI's crime index are far less offensive. They are not considered to be natural crimes as some people might not find them offensive. I find items such as loitering or curfew offenses to be less harmful. They are not typically things that hurt others. They are usually meant as a preventative measure in the hopes of curbing other crimes (Marquez, 2006).

There are crimes that I find upsetting, such as prostitution, drug offenses, and stolen property. Although I do not agree with prostitution, it isn't a crime within itself. It has been around for many years. It has been considered by the church as a necessary or "lesser" evil (Decameron). Prostitution involves an action that happens between two consenting adults. Despite the exchange of money and the action itself, true bodily harm has not occurred. Due to society's laws deeming this to be an inappropriate behavior, I would consider it to be mala prohibita.

Drugs, by the same token, have been around for many years as well. They have been used for medicinal purposes as well as for personal use. They are recognized as legal substances for those of Native American heritage and for ceremonies (Casey,

Compare Crimes Concepts 5

1978). Unfortunately some started using it more for recreational purposes and this also lead to an increase in other crimes. Although the use of the drug itself may not be considered an evil act, many of the actions of the person while high are. Like the curfew laws, laws regulating drug use have come in handy. I believe it to be a crime that is mala prohibita.

Stolen property can have a profound effect on a person. This is due in large part to how vulnerable a person can feel after having their property