Also known as: malice aforethought
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing a mental state or act considered in advance. It modifies the term malice to identify the premeditated or deliberate culpability that distinguishes murder from lesser homicide at common law.
Maxwell worked as a deckhand on the Imperial Sea. He had long been in conflict with Captain David. One stormy night Maxwell deliberately cut a section of David's safety line and stood by without assisting as David was swept overboard and drowned. The calculated timing and execution of the act establish that Maxwell acted with malice aforethought.
Dana confronted Luis near the crowded entrance of MegaMart. When she grabbed his arm Luis shoved her aside and fled. As he ran Luis drew a concealed handgun and fired once into Dana's back from several yards away killing her instantly. The intentional use of the weapon on a fleeing victim satisfies the requirement of malice aforethought.
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Professor Max summoned graduate student Preston to a locked laboratory after discovering plagiarism. During the dispute Max seized a thick extension cord wrapped it around Preston's neck and pulled forcefully for several minutes until Preston died from asphyxiation. The prolonged targeting of a vital area permits the inference of malice aforethought.
Aidan met with junior analyst Alfred to discuss client accounts. After Alfred accused him of fraud Aidan locked the conference room door and struck Alfred repeatedly in the head with a heavy stapler until Alfred lost consciousness. Alfred later died from brain hemorrhage. The deliberate and sustained blows to the head support a finding of malice aforethought.
Marshall observed Uriah shoplifting at a Birch Retail store. Marshall tackled Uriah from behind and repeatedly stomped on Uriah's chest while shouting insults. Uriah suffered fatal internal injuries and died at the scene. The repeated targeting of a vital area after the initial tackle demonstrates malice aforethought.
Maya directed her unlicensed apprentice Alex to test a powerful modified sports car at high speed on public streets late at night. Alex lost control and fatally struck pedestrian Pat in a crosswalk. Maya's knowing authorization of the dangerous conduct supplies the basis for evaluating whether malice aforethought is present.
Malice aforethought exists when the defendant acts with intent to kill intent to inflict grievous bodily harm extreme recklessness showing a depraved heart or intent to commit a felony. The term aforethought emphasizes that the mental state is formed in advance of the act.
No. The mental state may form in an instant so long as the defendant acts with one of the recognized forms of malice. Deliberate use of a deadly weapon on a vital body part permits an inference of the required intent.
Murder requires an unlawful killing committed with malice aforethought. Voluntary manslaughter is an intentional killing that would otherwise be murder but occurs in the heat of passion after adequate provocation and before cooling. The absence of malice reduces the grade of the offense.
Supporting sources
No. When malice aforethought is an element of murder the prosecution must prove it beyond a reasonable doubt. Placing the burden on the defendant to show heat of passion would improperly require the defendant to disprove an element of the crime.
Supporting sources
…(1975), in which we invalidated a Maine statute that presumed that a defendant who acted with an intent to kill possessed the "malice aforethought" necessary to constitute the State's murder offense (and therefore, was subject to that crime's associated punishment of life imprisonment). The statute placed the burden on the defendant…