Terrorism Is It Mala in Se or Mala Prohibita Essay

The criminal justice system uses the concepts of â€Å"mala prohibita† and â€Å"mala in se† to show the difference between legally proscribed offenses and morally proscribed offenses. Legally proscribed offenses are offenses that are wrong simply because there a formal rule keeps someone from doing them. The morally proscribed offenses are offenses that cannot be justified in a sophisticated society. For example, legally proscribed offenses are offenses such as prostitution, and gambling and morally proscribed offenses are thing like premeditated murder and forcible rape. The State of Washington vs. Thaddius X. Anderson was a perfect example of a case of â€Å"mala prohibita† and â€Å"mala in se†. The sole issue before us is whether â€Å"knowing possession† is†¦show more content†¦The U.S Law definition of terrorism is defined an act that is dangerous to human life or potentially destructive of critical infrastructure or key resources; a nd is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and appears to be intended to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, or kidnapping (U.S. Legal). Today’s terrorism would be best described as â€Å"mala in se† concept of the criminal justice system. Just look at the memorable U.S. terrorist attack, September 11, 2001, resulted in 2996 innocent deaths. This attack was premeditated attack against innocent non-combatant civilians. The acts of September 11th 2001 were morally proscribed offenses are those that cannot be justified in a sophisticated society. In our textbook the moral convictions of a terrorist is â€Å"unambiguous certainty of the righteousness of their cause; to them, there are no gray areas† (Martin, 2010). Terrorist feel that thei r interest are the only way and no one can reprimand them for their action because they are justified by their interest. Some terrorist group’s moral convictions most time come from them feeling as though they have been wrong by a more powerful evil. Others group’s moral convictions come from the superiority complex, these groupsShow MoreRelatedPresumption Of Innocence 33593 Words   |  15 Pagessubject to what I have already said as to the defence of insanity and subject also to any statutory exception...† This ‘golden thread’ was subsequently affirmed in Article 6(2) of the European Convention on Human Rights. While not a burden of proof per se, the defendant in a criminal trial has an evidential burden where he is seeking to rely on any common law defence other than insanity. Once the defence becomes a live issue, the prosecution must again prove beyond reasonable doubt that facts dictate