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  1. 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.

  2. 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.”

  3. 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.

  4. 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.

  5. Under California law, malice aforethought is the mental state required for a person to be liable for the crime of first or second-degree murder. Specifically, Penal Code 187 PC defines murder as “the unlawful killing of a human being, or a fetus, with malice aforethought.” 8

  6. 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.

  7. Nov 21, 2023 · The malice aforethought definition is when a person commits an act that is malicious, or they were in a depraved state of mind and knew that their actions could cause serious harm or death.

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