Malum in se
According to John Bouvier, A Law Dictionary Adapted to the Constitution and Laws of the United States of America and the Several States of the American Union, Childs & Peterson, c1856 (excerpted):
MALUM IN SE. Evil in itself.
An
offence malum in se is one which is naturally evil, as murder, theft, and the like;
offences at common law are generally mala in sese.
An
offence malum prohibitum, on the contrary, is not naturally an evil, but becomes so in
consequence of its being forbidden; as playing at games, which being innocent before, have
become unlawful in consequence of being forbidden. Vide Bac. Ab. Assumpsit, A, note; 2
Rolle's Ab. 355.
CRIME. A crime is an offence against a public law. This word, in its most general signification, comprehends all offences but, in its limited sense, it is confined to felony. 1 Chitty, Gen. Pr. 14.
Crimes are mala in se, or
bad in themselves; and these include all offences against the moral law; or they are mala
prohibita, bad because prohibited, as being against sound policy; which, unless
prohibited, would be innocent or indifferent ....
