Also known as: evil motive · evil intent · malice · malicious intent
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state consisting of ill will or a desire to cause harm. This state of mind supports findings of malice in homicide prosecutions and authorizes punitive damages when a defendant's conduct is outrageous.
Eduardo Enriquez wrapped an extension cord around his graduate student's neck and applied sustained pressure for several minutes after the student went limp. The prolonged targeting of a vital area allowed the factfinder to infer Eduardo acted with the required mental state for common-law murder.
Esme Ellington filed a complaint alleging that Elemental Pharmaceuticals knowingly misrepresented test results. The complaint described the false statements with particularity but alleged the company's intent only in general terms, satisfying the pleading rule for conditions of mind.
Select any source to read its text and confirm it supports the definition.
Esther Eisenberg, a landlord, instructed her manager to reject all applications from families with children despite knowing the practice violated fair-housing laws. The jury found her conduct reflected an evil motive and awarded punitive damages to punish and deter the practice.
Ella Emerson, a reporter, deliberately changed a public official's quoted statement about a policy decision so that it conveyed the opposite meaning. The alteration was material, permitting the official to prove actual malice and recover damages.
Ezra Eastman locked a laboratory door, seized an extension cord, and applied it to his student's throat for several minutes until death resulted. The deliberate and sustained use of force on a vital area established the mental state required for common-law murder.
Elliot Edmonds, owner of a small company, received a damaging credit report circulated only to a handful of subscribers. Because the report addressed a matter of private concern, the company recovered presumed and punitive damages without proving actual malice.
No. Malice exists when the defendant intends the harmful result or consciously disregards a substantial risk that harm will occur, even without personal animosity or ill will toward any specific person.
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Punitive damages may be awarded when the defendant's conduct is outrageous because of an evil motive or reckless indifference to the rights of others. The trier of fact may consider the character of the act, the harm intended or caused, and the defendant's wealth.
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Yes. A deliberate alteration of a quotation attributed to a public figure constitutes actual malice if the change produces a material difference in meaning. Trivial or non-material alterations are insufficient.
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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 under the felony-murder rule.
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…if you please, that it was right, — deliberately married a second time, having a first wife living, the want of consciousness of evil intent — the want of understanding on his part that he was committing a crime — did not excuse him; but the law inexorably in such case implies the criminal intent.” Upon this charge and refusal…