Final answer:
Murder is regarded as a mala in se crime because it is intrinsically immoral and wrong, but arguments against it include the subjectivity of moral values and cultural acceptance of certain forms of killing in the past. The law allows being tried in both criminal and civil courts, which leads to debates on the morality and effectiveness of such actions.
Step-by-step explanation:
Murder is considered a mala in se crime because it is inherently immoral and wrong by nature, without any reference to the law. It goes against fundamental human ethics and the universally accepted idea that taking another person's life is intrinsically wrong.
However, some could argue that murder is not mala in se by pointing out that moral values and ethics can be highly subjective and culturally relative. For instance, practices like dueling or certain forms of revenge killings may have been culturally acceptable in the past, highlighting how societal norms can influence what is considered 'moral' or 'immoral'.
The law distinguishes between criminal and civil liabilities, allowing for an individual to be tried in both criminal and civil court. Debates surround the efficacy of multiple trials, especially concerning the argument over capital punishment as a deterrent, suggesting varied perspectives on morality.