Topic 4 DQ 1

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Argosy University *

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621

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Sociology

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Feb 20, 2024

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Uploaded by angeloffrost

Topic 4 DQ 1 (Obj. 4.1 & 4.2) Provide examples of Mala in Se crimes. Why would this crime be considered inherently wrong? Describe how Mala in Se and Mala Prohibitum crimes are treated differently in the justice system. "Mala in se" is a Latin term meaning "wrong in itself" (Dige, 2012). It is used to describe crimes that are considered inherently evil, such as murder, rape, and theft (Dige, 2012). The justice system takes these crimes very seriously, and the penalties for committing them are typically severe. However, when the offender is mentally ill, the justice system may need to take a different approach (Dige, 2012). When an offender is charged with a "mala in se" crime, the justice system will typically seek to punish them according to the severity of their crime. This may involve a lengthy prison sentence, fines, or even the death penalty, depending on the circumstances. However, if the offender is mentally ill, the justice system may need to take a more rehabilitative approach. (Zito, 2022). If the offender is found to be mentally ill, they may be deemed unfit to stand trial. In this case, they may be sent to a mental health facility to receive treatment until they are deemed competent to stand trial (Zito, 2022). If they are found guilty of the crime, they may be sentenced to a mental health facility instead of a prison. If the offender is found to be mentally ill but still competent to stand trial, the justice system may take their mental illness into account when determining the appropriate sentence (Zito, 2022). This may involve a combination of punishment and rehabilitation, such as a shorter prison sentence followed by mandatory mental health treatment (Zito, 2022). "Mala in se" crimes are treated very seriously in the justice system, but when the offender is mentally ill, the justice system may need to take a different approach. In such cases, the justice system may seek to rehabilitate the offender rather than simply punish them (Zito, 2022). This may involve a combination of punishment and mental health treatment, depending on the severity of the crime and the offender's mental state (Zito, 2022). Ultimately, the goal is to ensure that justice is served while also providing the offender with the help they need to overcome their mental illness and avoid committing further crimes in the future.

Reference Dige, M. (2012). Explaining the Principle of Mala in Se. Journal of Military Ethics , 11 (4), 318– 332. https://doi-org.lopes.idm.oclc.org/10.1080/15027570.2012.758404 Zito, R. C. (2022). Engaged Criminology: An Introduction . SAGE Publications.

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