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To: mph who wrote (29624)2/17/2005 10:50:31 PM
From: Lazarus_Long  Read Replies (3) | Respond to of 90947
 
Chinu explains the First Amendment to us:
Message 21055852

Good post of yours there, counselor. Got one right for a change. :-) :-)



To: mph who wrote (29624)2/17/2005 11:06:34 PM
From: sandintoes  Respond to of 90947
 
Thanks, you said exactly what I was trying to say, but couldn't put it into words.
I guess it helps to be a lawyer...

At any rate, I think anyone would have a hard time justifying doing anything that would be detrimental to a child...and as a person of trust, it would seem to do even more long term damage to the child...IMHO

law.cornell.edu

en.wikipedia.org

Malum prohibitum
From Wikipedia, the free encyclopedia.
Malum prohibitum (plural mala prohibita, literal translation: "wrong because prohibited") is a Latin phrase used in law to refer to crimes made so by statute, as opposed to crimes based on English common law and obvious violations of society's standards which are defined as malum in se. An offense that is malum prohibitum, for example, may not appear on the face to directly violate moral standards: an example is the law against insider trading, where the simple act of sharing information is clearly not wrong in itself, but only because of its context in a larger framework of regulated trading. There is a controversy whether copyright infringement is malum prohibitum or malum in se.

The distinction between these two cases is discussed in Washington v. Anderson [1] (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=678260di1&searchval&invol=1):

"Criminal offenses can be broken down into two general categories -- malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so. State v. Horton, 139 N.C. 588, 51 S.E. 945, 946 (1905) ... "Public welfare offenses" are a subset of malum prohibitum offenses as they are typically regulatory in nature and often "'result in no direct or immediate injury to person or property but merely create the danger or probability of it which the law seeks to minimize.' "
This law-related article is a stub. You can help Wikipedia by expanding it (http://en.wikipedia.org/w/index.php?title=Malum_prohibitum&action=edit).

Retrieved from "http://en.wikipedia.org/wiki/Malum_prohibitum"



To: mph who wrote (29624)2/18/2005 12:48:02 AM
From: Sully-  Respond to of 90947
 
Hear! Hear!