Malice Aforethought
Legal Definition and Related Resources of Malice Aforethought
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Malice Aforethought
In the law of homicide , the intention to kill, actual or implied , under circumstances which do not constitute excuse or justification; the intentional doing of an unlawful act which intention was conceived before the act was executed. The term denotes purpose and design in contradistinction to accident and mischance. See People v Steele, 46 Cal.Rptr. 704, 237 C.A.2d 182.
Malice Aforethought Alternative Definition
Wicked purpose. These words in the description of murder do not imply deliberation, or the lapse of considerable time between the malicious intent to take and the actual execution of that intent, but rather denote purpose and design, in contradistinction to accident and mischance. 5 Gush. (Mass.) 306. And see 8 Car. & P. 616; 2 Mason (U. S.) 60; 1 Dev. & B. (N. C.) 121, 163; 6 Blackf. (Ind.) 299; 3 Ala. (N. S.) 497. They do not imply evil design against a particular person, but evil design in general, the dictate of a wicked, depraved, and malignant heart. 49 N. H. 399. The term implies more than "malice" (1 Clark & Marshall, Crimes, 492). It includes not only a willful doing of wrong without lawful excuse, but an evil purpose, general or particular therein. 2 Moody, 40. See 9 Yerg. (Tenn.) 342. Malice aforeMALICE PREPENSE. thought (q. V.)
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Malice aforethought in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of malice aforethought.
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Malice Aforethought