Mala in se vs. Mala prohibita

Question 1

1st distinction

Answer 1

Mala in se is inherently wrong in its nature; Mala prohibita is wrong because there is a law that defines and punishes the act

Question 2

2nd distinction

Answer 2

Mala in se is based on the criminal intent of the person; Mala in se is based on the very perpetration/commission of the act

Question 3

3rd distinction

Answer 3

Mala in se appreciates modifying circumstances in the imposition of the penalty by the court; Mala prohibita does not appreciate modifying circumstances

Question 4

4th distinction

Answer 4

Mala in se appreciates the stages of execution in the imposition of penalty by the court; Mala prohibita does not

Question 5

5th distinction

Answer 5

Mala in se appreciates the degree of participation in the imposition of the penalty by the court; Mala prohibita does not