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Jul 5, 2017 · When a crime is committed with “malice aforethought,” this means that the crime was premeditated, and the perpetrator held malice for the victim. Put another way, malice aforethought can be defined as a crime being planned in advance, with the intention to kill or grievously harm another individual.
Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few.
Today, malice aforethought is the mental element (or mens rea) required to prove murder in the first degree in federal law and in some states. For example, in 18 U.S. Code § 1111, murder is defined as “the unlawful killing of a human being with malice aforethought.”
malice aforethought. Quick Reference. The * mens rea (state of mind) required for a person to be guilty of murder. It is unnecessary for there to be any element of hostility (see malice) or for the intention to kill to be “forethought” (i.e. premeditated).
Malice aforethought is a legal term referring to the premeditation or intent to cause harm, which is a requisite mental state for certain crimes, particularly murder.
The meaning of MALICE AFORETHOUGHT is the intention or desire to commit a criminal act and especially murder without justification or excuse and usually with some degree of deliberation or premeditation or wanton disregard for life. How to use malice aforethought in a sentence.
The House of Lords in R v Moloney [1985] AC 905 held that nothing less than intention to kill or cause grievous bodily harm (g.b.h.) would constitute malice aforethought: merely foreseeing the victim’s death as probable was insufficient.
