Border Patrol Practice Exam

What conclusion can be drawn from the fact that some jurisdictions do not distinguish between malum in se and malum prohibitum?

1. All jurisdictions view crimes the same way.

2. Some jurisdictions maintain the distinction.

3. No jurisdiction treats crimes as inherently evil.

4. Crimes are either classified or not classified.

The correct answer is: Some jurisdictions maintain the distinction.

The conclusion that can be drawn from the fact that some jurisdictions do not distinguish between malum in se and malum prohibitum is that some jurisdictions maintain the distinction. Malum in se refers to actions that are inherently wrong, such as murder or theft, while malum prohibitum refers to actions that are wrong because they are prohibited by law, like certain regulatory offenses. In jurisdictions that do not differentiate between these categories, it suggests that they treat all offenses uniformly, without recognizing the nuanced moral implications associated with inherently wrongful actions compared to those that are only wrong due to legal stipulations. This indicates that a portion of jurisdictions does uphold the distinction between the two concepts, which is relevant in understanding how different legal systems approach crime classification and morality in law enforcement. Recognizing that some jurisdictions uphold this distinction reveals an important aspect of legal diversity across different regions.