Often, crimes are characterized as either malum in se-inherently evil-or malum prohibitum- criminal because they are declared as offenses by a legislature. Murder is an example of the former. Failing to file a tax return illustrates the latter. Some jurisdictions no longer distinguish between crimes malum in se and malum prohibitum, although many still do
Explanation
Answer: B - This question is concerned with classification of crimes into sets-that is, with the classification of crimes as either malum in se or malum prohibitum. The last phrase in the last sentence tells us that many jurisdictions make the distinction between these two categories of crimes. Response B follows from that sentence, because if many jurisdictions make the distinction, some jurisdictions make the distinction. From the fact that many jurisdictions make the distinction, it cannot be inferred that many do not make the distinction. Therefore, Response A is incorrect.
Responses C, D, and E are based on erroneous definitions of the two classes of crimes. The paragraph tells us that all crimes characterized as malum in se are inherently evil. Response C is false because it cannot be the case that SOME crimes characterized as malum in se are NOT inherently evil. The paragraph also tells us that all crimes characterized as malum prohibitum are declared as offenses by a legislature. Response D is false because it cannot be the case that SOME crimes characterized as malum prohibitum are NOT declared by a legislature to be an offense. In the paragraph, we are told that filing a tax return late is malum prohibitum, rather than malum in se. Response E is incorrect because it cannot be the case that failing to file a tax return is malum in se.
