Question

1. Being arrested for possession of marijuana would be best described as an act ______.

   1. that violates folkways

   2. of deviance

   3. that is mala in se

   4. that is mala prohibita

   5. that is mala in se

   6. that is mala prohibita

Answer 1

Solution:

Possessing marijuana is against law, so in this case no social norms are considered, only breaking of law is considered. So, violation of folkways and act of deviance can be eliminated. Against law, there could be two kinds of crimes: one that is unlawful by virtue of statute (something prohibited) such as gambling which is known as mala prohibita, and another one is evil involving murder etc. which is called mala in se.

Then, possessing marijuana is against law, bit not evil. Thus, the correct option is (D) that is mala prohibita.