Crimes can be classified as mala in se or mala prohibita

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Crimes can be classified as mala in se or mala prohibita. Mala in se crimes are crimes that are considered morally wrong, typically violent like murder, rape, and theft. Mala prohibita are crimes that are only wrong because they are prohibited by statues. According to the textbook Principles of Criminal Law, "Generally, all common crimes are considered mala in se crimes" (Roberson and O'Reilley, 2019, p. 7). In this scenario, Maria would be most likely guilty of mala prohibita because although she is in physical control of the vehicle, the engine is not running and she is technically not putting lives at risk at the given moment. Although it is morally wrong, it is not necessarily a mala in se crime due to its (current) nonviolent nature and also because it violates a statute.

Reference no: EM133461027

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