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malice aforethought :: legal definition


Malice aforethought - n. 1) 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. 2) 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.

See also: first degree murder malice murder and Related Law Terms ↓


Related Law Terms

descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
first degree murder :: n. although it varies from state to state, it is g ... aughter murder second degree murder
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
premeditation :: n. planning, plotting or deliberating before doing ... e murder malice aforethought murder
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder
suicide :: n. the intentional killing of oneself. Ironically, ... e manslaughter second degree murder
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent

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Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
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make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
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malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
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mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
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