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Jack Cuzzone
CJ 101
Professor Fitzgerald
6 October 2014
Essay 1
A crime is categorized under either Mala in Se or Mala Prohibita crimes based on its
severity and classification. Mala in Se, which means “Wrong in itself” is any crime that
considered morally wrong or evil (Davis Mark). These crimes consist of felony crimes such as
murder, rape, robbery, larceny, arson, burglary, aggravated assault, incest. On the other hand,
Mala Prohibita crimes are the ones that are prohibited by criminal statute (Regoli 144). These
crimes consist of crimes such as prostitution, illegal gambling, fraud, trespassing etc. Mala Se
and Mala Prohibita crime classification dates back to England over 400 years ago.
The origination of Mala in Se and Mala Prohibita crimes dates back to the 15th century
during the early Renaissance. The first real use of the two crime categories was said to be done in
1496 by Chief Justice Fineux during trial in England (Columbia Review). The case was
essentially debating the level of crimes that the King could commit without getting in trouble.
Chief Justice Fineux references Mala in Se and Mala Prohibita crimes by saying that anyone who
where’s a crown or holds a position of power can be excused by Mala Prohibita, but not Mala in
Se (Columbia Review). This case was a very controversial subject in England at the time because
people believed that the King and his clergyman should be subjected to the same harsh laws and
regulations as the people are. After much deliberation, the final verdict concluded that the King
and his clergyman would still qualify and answer to the crimes of Mala in Se, however they
would in some cases be overlooked for Mala in Prohibita crimes, just what Chief Justice Fineux
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suggested. In the past five centuries there has been a lot of changes to both categories of crimes
due to the changing times and new types of crime that have surfaced. One crime that is very new
to Mala Prohibita is any cybercrime. This crimes are very new and ever growing due to all the
technological advancements. With new types of crimes surfacing comes a more lenient and
different justice system compared to years past.
The severity of the punishments of crimes has greatly changed since the actual
origination of Mal in Se and Mala Prohibita crimes. If you were around five centuries ago, and
you committed a crime such as Rape or Murder, you would probably end up getting beheaded in
front of the whole village you were from. However, overtime punishments against criminals
became less severe. Governments decided to move away from constant executions, and become
more lenient in issuing sentences. Today, there are a lot more murders serving life sentences
rather than being beheaded or killed. If the punishments today were as serious as they were 400
years ago, then there would be many more executions rather than life sentences. Today, there are
is roughly 2.5 million people that reside in prisons and jails across the United States (Regoli 68).
If we were still following the morals and punishments of law enforcement and justice systems
400 years ago, then the number of people in jail would be a lot lower, and many more executions
would occur. Not only have the punishments changed but also the treatments of prisoners in the
jails. Today, people say that we pamper people in jail with beds, air conditioning/ heat, game
rooms etc., where in past people who committed crimes and were sentenced to jail were usually
thrown into a dark room or cave and wouldn’t be fed for weeks. That is why it’s commonly said
that there are more people that commit crimes and are in jail today because they aren’t afraid of
facing the punishment and going to jail. The justice system has significantly changed in
punishments and treatment of criminals due to the changing world.
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The classification of Mala in Se and Mala Prohibita crimes provides better organization
of crimes. If someone commits a crime in the Mala in See category then they are going to end up
facing a harsher punishment than someone who would commit a Mala Prohibita crime. However,
that does not mean that it is okay to commit a crime in the Mala Prohibita because no matter
what crime you commit, felony or misdemeanors, it is still a crime none the less.
Essay 2
In order to ensure that all criminals in the United States justice system are treated equally,
The United States government passed certain amendments that focused on the treatment and
rights of criminals. The treatment of the criminals isn’t only important to the criminals
themselves but also to all the people of the judicial process Criminals who are treated well and
equally, ensures that the trial is fair and will go smoothly. Therefore, being treated well is not
