a felony or a misdemeanor. In many states the classification impacts which court will have the authority to 
hear the case. In some states, the felony-misdemeanor classification determines the size of the jury. 
Classifications Based on the Type of Harm Inflicted 
Almost all state codes classify crimes according to the type of harm inflicted. The Model Penal Code uses 
the following classifications: 
• Offenses against persons (homicide, assault, kidnapping, and rape, for example) 
• Offenses against property (arson, burglary, and theft, for example) 
• Offenses against family (bigamy and adultery, for example) 
• Offenses against public administration (e.g., bribery, perjury, escape) 
• Offenses against public order and decency (e.g., fighting, breach of peace, disorderly conduct, 
public intoxication, riots, loitering, prostitution) 
Classifications based on the type of harm inflicted may be helpful for the purpose of an organization, but 
some crimes such as robbery may involve both harms to a person and property. Although generally, whether 
a crime is a person or property crime may not have any legal implications when a person is convicted, it may 
matter if and when the person commits a new crime. Most sentencing guidelines treat individuals with prior 
person-crime convictions more harshly than those individuals with prior property-crime convictions. That 
said, it is likely that the defense will argue that it is the facts of the prior case that matter not how the crime 
was officially classified. 
Mala in se Mala Prohibita
Mala in se Mala Prohibita  Crimes 
Crimes have also been classified as either mala in se
mala in se  (inherently evil) or mala prohibita
mala prohibita  (wrong simply 
because some law forbids them). Mala in se crimes, like murder or theft, are generally recognized by every 
culture as evil and morally wrong. Most offenses that involve injury to persons or property are mala in se. 
All of the common law felonies (murder, rape, manslaughter, robbery, sodomy, larceny, arson, mayhem and 
burglary) were considered mala in se crimes.  Mala prohibita crimes, like traffic violations or drug possession, 
are acts that are crimes not because they are evil, but rather because some law prohibits them. Most of the 
newer crimes that are prohibited as part of a regulatory scheme are mala prohibita  crimes. 
Substantive and Procedural Law 
Another classification scheme views the law as either substantive law or procedural law. Both criminal law 
and civil law can be either substantive or procedural. Substantive criminal law is generally created by statute 
or through the initiative process and defines what conduct is criminal. For example, substantive criminal 
law tells us that Sam commits theft when he takes Joe’s backpack if he did so without Joe’s permission if he 
intended to keep it. Substantive criminal law also specifies the punishment Sam could receive for stealing 
the backpack (for example, a fine up to $500.00 and incarceration of up to 30 days). The substantive law 
may also provide Sam a defense and a way to avoid conviction. For example, Sam may claim he reasonably 
mistook Joe’s backpack as his own and therefore can assert a mistake of fact defense. Procedural law gives 
us the mechanisms to enforce substantive law. Procedural law governs the process for determining the 
rights of the parties. It sets forth the rules governing searches and seizures, investigations, interrogations, 
pretrial procedures, and trial procedures. It may establish rules limiting certain types of evidence, establishing 
timelines, as well as require the sharing of certain types of evidence and giving a certain type of notice. The 
primary source of procedural law is judicial interpretations of the federal constitution and state constitutions, 
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