Malum in se /mǽlm in síy/. A wrong in itself; an act or case involving
illegality from the very nature of the transaction, upon principles of natural,
moral, and public law.
Grindstaff v. State, 214 Tenn. 58, 377 S.W.2d 921, 926; State v. Shedoudy,
45 N.M. 516, 1 18 P.2d 280, 287.
An act is said to be malum in se when it is inherently and essentially evil,
that is, immoral in its nature, and injurious in its consequences, without any
regard to the fact of its being noticed or punished by the law of the state.
Such are most or all of the offenses cognizable at common law (without the
denouncement of a statute); as murder, larceny, rape etc.
Mens rea /ménz ríyə /. As an element of criminal responsibility: a guilty
mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and
wilfulness. United States v. Greenbaum, C.C.A.N.J., 138 F.2d 437, 438.
See Model Penal Code § 2.02. See also Criminal (Criminal intent);
Knowledge; Knowingly; Premeditation; Specific intent.
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