Also known as: intention to kill · intent-to-kill · specific intent to kill
Written by attorneys · grounded in primary & secondary sources — see below
A conscious objective to cause the death of another human being. This mental state constitutes express malice and satisfies the malice aforethought element of common law murder when paired with an unlawful killing.
Ines Ibarra confronted her coworker in a server room after an accusation. She drew a handgun, aimed it directly at the coworker's chest from close range, and fired once, killing her. The deliberate aim at a vital area allowed the factfinder to conclude that Ines acted with intent to kill.
Ingrid Innes waited after hours and confronted her mentor in a conference room. She pressed a loaded pistol against his temple and pulled the trigger, killing him instantly. The direct and deliberate placement of the muzzle against a vital spot established her intent to kill.
Iain Irons retrieved a hunting rifle from a barn office, followed a seasonal worker into a field, aimed at her back, and fired once. The intentional discharge of a deadly weapon at a vital area permitted the inference of intent to kill.
Select any source to read its text and confirm it supports the definition.
Ilana Isaacs was tried for murder after firing a gun at the victim. The prosecution introduced evidence that she aimed at the victim's torso and pulled the trigger. The jury was required to find beyond a reasonable doubt that she possessed intent to kill before convicting.
Igor Ito administered medication knowing it would hasten a patient's death but without desiring that outcome. The distinction between acting to cause death and acting despite a foreseen lethal result meant he lacked the specific intent to kill required for certain homicide charges.
Irene Ingalls was convicted of a weapons offense. The judge then found by a preponderance that she had acted with intent to kill and imposed an enhanced sentence. The finding on intent to kill had to be submitted to a jury and proved beyond a reasonable doubt.
Intent to kill requires a conscious objective to cause death. Intent to inflict grievous bodily harm is a separate form of implied malice that can also support murder even without a purpose to kill.
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When a defendant intentionally directs a deadly weapon at a vital part of the victim's body, the factfinder may infer that the defendant intended to kill.
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No. Anger does not prevent formation of intent to kill. The presence of rage may support a voluntary manslaughter reduction only if adequate provocation and other heat-of-passion elements are also met.
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Yes. A deliberate intent to kill another human being constitutes express malice at common law.
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Yes. Instructions stating that a person is presumed to intend the natural and probable consequences of acts can create an unconstitutional mandatory presumption that shifts the burden on intent to kill.
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…v. Wilbur , 421 U. S. 684 (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…