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malum prohibitum

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malum prohibitum (mal-uhm prohibit-uhm) adj. Latin meaning "wrong due to being prohibited," which refers to crimes made so by statute, compared to crimes based on English Common Law and obvious violations of society's standards which are defined as "malum in se." Statutory crimes include criminal violations of regulatory acts, "white collar crimes" such as improper use of insider information, issuance of stocks without a permit which are intentionally not supported by real assets, and tax avoidance. (See: malum in se, white collar crime)



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As this example illustrates, the ethical issue taxpayers face in planning tax shelter transactions that they will report favorably to themselves is purely one of malum prohibitum.
The lack of proportionality between lifetime disenfranchisement and many malum prohibitum felonies, as well as the trend among states towards eliminating these laws, supports the cruel and unusual punishment argument.
Malum prohibitum is latin for "prohibited evil," and is defined as an "act that is a crime merely because it is prohibited by statute, although the act itself is not necessarily immoral," such as jaywalking.
 
 
 
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