Criminal Terminology

According to legal theorists, there are two basic kinds of law, those that are malum in se , or wrong in themselves, and those that are malum prohibitum , wrong because they are against a written law or statute. Murder, for example, is malum in se , while jaywalking, although not morally wrong, is malum prohibitum because it is against the laws that the government has made. In some cases, a crime can be committed by inaction as well as by an action. For example, some people, such as doctors, teachers, nurses, or clergy, are required to report suspected cases of child abuse. If they do not, they can be fined . Making the Law In the United States, there are literally thousands of different laws. They have been made by towns and cities, counties, the states, and the federal government. Local and county laws are specific to the place, outlawing drinking in public, for example. State laws, which are made by the state legislature , list what is

against the law in that state, while the federal government has jurisdiction over matters that the Constitution has put under its control, such as interstate commerce. Matters subject to federal juris- diction are set out in the Constitution and in the more than 900 statutes that have been passed by Congress. Cases that fall into this category are tried in federal courts. The federal district courts also have jurisdiction over income tax evasion. For many years, an infamous gangster, Al Capone, eluded prosecution for crimes of violence. He was finally convicted and sent to prison for income tax evasion.

The infamous gangster Al Capone eluded prosecution for crimes of violence, but he was finally convicted of income tax evasion and sent to prison.

12

CRIMINAL TERMINOLOGY