Border Patrol Practice Exam

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Which of the following is an example of a malum prohibitum crime?

Murder
Arson
Failing to file a tax return
Robbery

The correct answer is: Failing to file a tax return

A malum prohibitum crime refers to an act that is considered wrong because it is prohibited by law, rather than being inherently immoral. These offenses are typically regulatory in nature and their wrongness is established by statutes or regulations, rather than through a universal moral standard. In this case, failing to file a tax return is an example of a malum prohibitum crime. It is deemed illegal due to specific laws requiring individuals and entities to report their income to the government for tax purposes. The act of not filing does not necessarily involve a moral failing in the same way as acts like murder or robbery, which are classified as malum in se crimes; these are inherently wrong and universally recognized as immoral acts. Other options, such as murder, arson, and robbery, involve acts that are considered morally wrong in almost all cultures and societies, thus classifying them as malum in se crimes. These actions are recognized as having inherent harmful consequences to others, making them illegal by virtue of their nature.