Different groups of people have a varied but similar definition of crime although it may seem to have a straightforward legal definition. Some crimes have been described as natural, while others legal. As such, it is important for all those involved in the Criminal Justice System to understand what each of them consists of. According to Robinson (2009), crime is naturally defined as any act that could be viewed as fundamentally wrong, thus, is strongly disapproved, and is seen as deserving punishment irrespective of whether the crime is legal or not. This view is almost comparable to the legal meaning of crime. A crime is legally defined as an act that goes against the criminal law.
Natural crime is therefore described as a crime against the fundamental laws of nature as well as personal crimes which could or may sometimes not be against the laws of the land. According to the natural law, if an individual, society, or government does not follow the laws of nature, the person or the society/institution may not function effectively, and as a result, becomes vulnerable to harm or destruction. On the other hand, Legal Crime is an offense that while is unlawful, may not necessarily disturb the course of nature. It is an entirely legal crime.
The Federal Bureau of Investigations provides the standard definitions for crimes in the United States. The FBI lists homicide, rape, robbery, aggravated assault, burglary, larceny-theft, arson, as well as motor vehicle theft as the major crimes in its crime index. All these crimes can be classified as mala in se or natural crimes since they may cause severe personal harm to those whom they are committed against or destruction to their property as well as loss of their money. However, depending on how the crimes are committed, they could be considered legal crimes.
According to Robinson (2009), criminal homicide covers both non-negligent manslaughter and murder. It also includes the willful killing of another person. This means that willful killing, non-negligent manslaughter, and murder are classified under natural crime since they are wrong in themselves and are against the natural law. They cause loss of life as well as bodily harm to the victim. In some cases, the criminal or killer is hired to kill and therefore intentionally schemes to commit the crime (Kindig, (2007). Generally, murder, non-negligent murder, suicide, attempt to kill, and willful murder are committed with intent. Even though suicide is intentional, it is not targeted at causing loss of life to another except for the person committing the act. On the other hand, an attempt to kill is wrong in itself since the killer has a motive, but the intended mission is not achieved. However, such acts are still against the natural law. On the contrary, some instances of criminal homicide may not be classified as a natural crime. Such includes deaths that are caused by negligence and accidental deaths like traffic fatalities. These are categorized under legal crimes because they are only wrong since the law makes them illegal. These crimes though also cause loss of life; are not committed with intent. However, the offender has to face criminal charges since the law prohibits any attempts to kill.
Robbery, another crime listed in the FBI top 8 crime index includes either taking or attempting to take something which has a value from the control or custody of another person, organization, or institution through the use of violence or force (Schmalleger, 2009). It may mean putting another person in fear to take away his or her property. Robbery in itself is wrong because the victim(s) or organization loses possession of their property/belonging. For example, a jewelry shop robbery could make the owner lose his money/investment; this could cause the victim to lose his home and many more. The victim may also suffer injuries in the process. Generally, robbery is classified as a natural crime. Any robbery committed without causing harm or injury to the victim or any other individual involved in the process is also wrong because it is a violation of the law. Thus, such are also classified as natural crimes. For example, robbing a bank without violence, cargo theft organized retail theft, and art theft among others committed without any injury are wrong because the natural law prohibits such acts.
Rape is another crime that could lead to serious injuries and other effects on the victim. According to Robinson (2009), it involves getting the carnal knowledge of another person forcibly, as well as, against his or her will. Although rape is often assumed to happen to females only, it could also be committed on male persons. It includes rape by force, attempts as well as assaults aimed at raping an individual, the age of the victim notwithstanding. Coercion to a minor is also categorized as rape. For example, an adult male who coerces a girl who is not of age to have intercourse with him even if no force or threat was applied, will still be charged with statutory rape since he knowingly did it to a minor. Natural law is based on the morality of an act, and therefore, any form of rape is a natural crime by definition (Sheldon, 2001). Rape could cause injuries and other effects such as the transmission of sexually transmitted diseases or unwanted pregnancies to the victim (Davis, 2006). Attempts with the intent to rape also fall under mala se. Some instances of rape are also legal crimes since it is prohibited in the constitution. For example, rape in marriage is only wrong because it is criminalized in the constitution. Normally, the law charges the offender with the act of rape plus the consequences of the rape.
Aggravated assault is also classified as a natural crime. Robinson (2009) defines aggravated assault as a criminal attack on another individual to inflict severe harm or aggravated bodily injury. This could involve the use of a weapon in a manner that may lead to death or cause serious bodily harm. Assaults are generally against the natural law. In itself, it is wrong regardless of the circumstances which could lead to it. It causes injuries to the body and may even lead to the death of the victim. This means that any aggravated assault that results from instances of revenge is unlawful (Davis, 2006). The natural law is against causing harm to another person no matter the cause. However, some instances are classified as mala prohibita. For example, a person cutting a tree using a panga, who unknowingly hits another person who was coming from behind, may still be charged with negligent assault since he has committed a legal crime. Although the person had no intent, the crime is prohibited by the law.
Another example of natural crime is arson. It refers to malicious or willful burning, as well as, an attempt to burn with motive, a house, both personal and public, another person’s property, motor vehicle, or any other public/organizational property. In itself, arson is wrong. It leads to loss of property due to burning, and may also cause loss of life to both human beings and animals. Therefore it is classified as a natural crime. On the contrary, some instances of arson are not mala in se but mala prohibita. For example, a person who intentionally burns a bush where wildlife lives are charged with arson because it is illegal to burn any natural vegetation and cause harm to wildlife without authorization. The burning of vegetation (wildlife habitat) is not morally wrong, but legally unlawful.
A burglary is a criminal act which remains difficult to define the extent to which it is a natural crime and legal crime. Robinson (2009) defines burglary as unlawfully getting into another person’s structure to commit a felony or to steal. This may involve an attempt to enter the structure by use of force or entering with the owner’s knowledge. Stealing in itself is wrong and against the natural law (in the Bible). At the same time, illegal entry is against the individual’s right to privacy and property. Burglary could lead to loss of valuable property on the part of the victim. Besides, the process itself involves the use of force which could lead to psychological and physical harm. Both the natural law and legal law outlaws burglary and the processes that are involved. Thus it is classified as both a natural crime. This also applies to larceny-theft. Robinson (2009) states that larceny-theft involves unlawful taking or leading away of property belonging to another person or an organization. Such crime includes pick-pocketing, shoplifting, theft of automobile accessories, or any other property. These crimes are against natural law as they deny a person his or her natural right to own property. Besides, they are against regulations that need not be learned even though they are stated in the constitution. Stealing is regarded by society as immoral no matter the cause (Sheldon, 2001). Motor vehicle theft which is also a major crime in the United States is also classified as a natural crime. Motor vehicle theft covers both attempts to steal and actual stealing of motor vehicles (California Department of Motor Vehicles, 2007). Although theft is also outlawed in the constitution, the basis of illegality is from the natural law. Motor vehicle theft is not justifiable under whatever circumstance, and is therefore in its every form, is punishable by law. It is therefore classified as mala in se.
People have different opinions as regards the meaning of mala in se and mala prohibita. Definition of criminal acts should be based on the legality and the morality of the act or ethical violation of norms. While all criminal acts are prohibited in the constitution, some of these criminal acts have their basis from the natural societal norms or laws, while others have been criminalized through the constitution, and have to be learned. Thus, these descriptions define natural crime and legal crime respectively.
Reference List
California Department of Motor Vehicles. (2007). California driver handbook. Web.
Davis, M. (2006). Crimes mala in se: An equity-based definition. Criminal Justice Policy Review, 17 (3).
Kindig. T. (2007). The declaration of independence: The war, will and hope of the people. Web.
Robinson, M.B. (2009). Justice Blind? Ideals and Realities of American Criminal Justice, 3rd Edition. Upper Saddle River, New Jersey: Published by Prentice Hall.
Schmalleger, F.(2009). Criminal justice today: An introductory test for the twenty-first century, 10th Edition. Upper Saddle River, New Jersey: Prentice Hall.
Sheldon, G. W. (2001). Natural law: Encyclopedia of Political Thought. New York: Facts On File Inc.