Passing a law making it illegal to smoke in public would create a?

The correct choice is based on the classification of crimes. A malum prohibitum crime refers to actions that are considered wrong not because they are intrinsically evil, but because they are prohibited by law. In this scenario, passing a law against smoking in public establishes a legal framework where smoking in that context is not inherently harmful or immoral, but is deemed unacceptable due to societal and health considerations defined by legislation.

This concept is important in understanding how laws adapt to reflect changing social norms and values. Unlike malum in se crimes, which are universally recognized as wrong (like murder or theft), a malum prohibitum crime is contingent on the laws of a specific jurisdiction or society. Thus, smoking in public does not violate an inherent moral command but violates a statute put in place to protect public health or welfare. This distinction is crucial in criminal justice studies as it highlights how laws can evolve and the various motivations behind legal prohibitions.