Border Patrol Practice Exam

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What term best describes crimes that are prohibited due to legislative declaration?

Malum in Se
Lex Talionis
Malum Prohibitum
Actus Reus

The correct answer is: Malum Prohibitum

The term that best describes crimes that are prohibited due to legislative declaration is "malum prohibitum." This term refers to acts that are considered crimes not because they are inherently harmful or immoral (which would be described as "malum in se"), but rather because they have been defined as such by law. Such laws are often created to protect society, public order, or to regulate behavior that may not be inherently wrong but is deemed undesirable by legislative standards. For example, laws against speeding, selling alcohol without a license, or operating a business without proper permits are all considered malum prohibitum offenses. These actions become punishable violations strictly because they contravene laws established by legislative bodies. The idea is that society can impose rules and regulations to maintain order and protect the community, even if the actions themselves are not inherently evil.