Also known as: natural wrongs · malum in se
Written by attorneys — see sources below.
A wrong that is inherently immoral or evil by its nature, independent of any positive law. Such wrongs supply the predicate for misdemeanor manslaughter without any separate showing that death was foreseeable.
Cole chained the only exterior emergency exit shut during closing shifts to deter theft even though the measure violated local fire codes. When faulty wiring ignited a fire, Samantha could not escape and died of smoke inhalation. Because chaining an exit is a natural wrong, the death supports involuntary manslaughter under the misdemeanor-manslaughter rule.
Jenna ordered workers to remove guardrails on the fifteenth floor to speed material deliveries despite mandatory safety briefings. Marlon slipped and fell to his death through the unprotected edge. The removal of required fall protection constitutes a natural wrong, so the death qualifies as involuntary manslaughter.
Luis took ten passengers on a vessel limited to six and headed into choppy seas. A wave capsized the boat and Carla drowned. The passenger-limit violation is a natural wrong, producing manslaughter liability when death results.
Carlos secured propane tanks loosely behind the grill of his food truck instead of strapping them inside the required cage. A jostled tank leaked and exploded, killing Maria. The safety violation is a natural wrong that supports manslaughter when the precise harm occurs.
Leo organized high-speed races on a public road without permits or safety controls and urged drivers to push the cars to their limits. A driver lost control and killed Mia on the sidewalk. The unlawful racing is a natural wrong that produces manslaughter liability.
Carla chained the exterior doors of her youth center during an unlicensed overnight lock-in to keep teens inside. An electrical short started a fire and one teenager died because no exit was available. The chaining is a natural wrong that supports involuntary manslaughter.
A natural wrong is inherently immoral or dangerous by its nature, such as assault or chaining exits that trap people during a fire. A malum prohibitum offense is wrongful only because a statute or regulation forbids it, such as a parking violation or brief handheld-device use. Under the majority rule, only natural wrongs or malum prohibitum acts whose death is a foreseeable consequence support manslaughter.
Supporting sources
…to note that for many years even those in favor of the rules against solicitation by attorneys agreed that solicitation was not "malum in se." H. Drinker, Legal Ethics 211 n. 3 (1953). Dr. Johnson, a venerable commentator on mores of all sorts, expressed well the prevailing view of the profession when he stated: "I should not…
…of "gross and open indecency" in Winters v. New York , 333 U. S. 507, 515 (1948). Public nudity was considered an act malum in se . Le Roy v. Sidley , 1 Sid. 168, 82 Eng. Rep. 1036 (K. B. 1664). Public indecency statutes such as the one before us reflect moral disapproval of people appearing in the nude among…
…But this rule, in its application to the law of crimes, is subject to certain important exceptions. Where the act done is malum in se, or where the law which has been infringed was settled and plain, the maxim, in its rigor, will be applied; but where the law is not settled, or is obscure, and where the guilty intention,…
…the offender, or rather the offence is attached primarily to the thing; and this, whether the offence be malum prohibitum, or malum in se. . . . [T]he practice has been, and so this Court understand the law to be, that the proceeding in rem stands independent of, and wholly unaffected by any criminal proceeding in…
…e.g. , a policeman or one of the felons) and the identity of the person causing the death. (4) "The felony must be malum in se ." (5) "The act must be a common-law felony." (6) "The period during which the felony is in the process of commission must be narrowly construed." (7) "The…
No. When the misdemeanor is a natural wrong, most courts impose manslaughter liability for any resulting death without a separate foreseeability inquiry. The inherent danger of the act supplies the required culpability.
The minority rule restricts the doctrine to misdemeanors that are natural wrongs. The majority rule permits liability for a malum prohibitum misdemeanor when the death is a foreseeable consequence of the unlawful conduct.
Supporting sources
No. Regulatory violations such as parking in an ambulance bay or exceeding passenger limits are treated as malum prohibitum. They support manslaughter only when the resulting death is a natural or foreseeable consequence of the violation.
Supporting sources
A natural wrong that produces death supplies the predicate for involuntary manslaughter but does not by itself establish the malice required for murder. Malice requires an additional showing of intent to kill, intent to cause serious bodily injury, or extremely reckless indifference to human life.
Supporting sources