“Malice aforethought” is a legal term that originated in English common law and refers to the mental state required for certain serious crimes, particularly murder. It signifies the deliberate intention to cause harm or commit a wrongful act without justification or excuse. This mental state distinguishes premeditated or intentional crimes from those committed impulsively or without specific intent. In murder cases, malice aforethought indicates that the perpetrator intended to kill or cause serious harm to the victim, either with express malice (explicit intent to kill) or implied malice (intent to commit an act inherently dangerous to human life). The presence of malice aforethought is often a crucial element in determining the severity of charges and the level of culpability in criminal proceedings.
n.
- the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first-degree murder.
- a general evil and depraved state of mind in which the person is unconcerned for the lives of others. Thus, if a person uses a gun to hold up a bank and an innocent bystander is killed in a shoot-out with police, there is malice aforethought.
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This glossary post was last updated: 29th March, 2024.
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