malice aforethought


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Related to malice aforethought: Excusable homicide

malice aforethought

A calculated, premeditated intention to harm or kill. Outside of legal writing, the phrase is often used humorously or sarcastically. During the sentencing, the defendant's lawyers argued that the death penalty should be reserved for those who killed with malice aforethought. Don't give me that innocent look. You ate the last piece of pie with malice aforethought!
See also: aforethought, malice

malice aforethought

the intention to kill or harm which is held to distinguish unlawful killing from murder.
See also: aforethought, malice
References in periodicals archive ?
His attorney decided not to pursue an insanity defense believing there was an insufficient factual basis for it, but focused on obtaining a conviction for a lesser-included offense of second degree murder or first degree manslaughter, arguing that Hooks acted in the heat of passion and not with malice aforethought. There was some information that Hooks had been hit by an 18-wheel truck as a child and suffered a traumatic brain injury, and also suffered from chronic psychosis.
She is absolutely harmless, has suffered from severe anxiety doesn't deserve to be served up as the devil incarnate for what was guileless action without any trace of malice aforethought.
As a result, the killing of Roehm was without "malice aforethought," and hence "Roehm cannot be seen to have been murdered by Hitler" (312).
INDEED, TAKEN WHOLE, THE UPSIDE-DOWN Constitution might be said to comprise five books at once: a philosophical meditation on the framers' intentions and the character of the regime they erected; an imaginative reassessment of the Constitution's inner structure; a short and highly instructive history of the myriad ways in which constitutional rules decisively shaped American economic and political development in the 19th century; a critique of significant Supreme Court decisions from John Marshall's day to our own; and a clinical pathology of the factional exploitation and political opportunism encouraged (with malice aforethought, Greve would say) by the New Deal revolution.
Having already proved that they are a government that rules by ignorance, malice aforethought, spitefulness, punishment of the weak, sick and elderly and sheer hypocrisy, they have just told the electorate that we shall be having more of the same, plus they have vetoed the publishing of the risk assessment of the NHS changes.
Beleaguered conservative professors, increasingly alienated from a university world that has deliberately (with malice aforethought, one might say) alienated itself from the best traditions of Western civilization, are seeking precisely an escape into a realm where devotion to learning is not subverted by a radical political and social agenda.
I hadn't yet picked up my bow with malice aforethought. How worthless of a whitetail hunter was I?
The crime against person is qualified murder when it is committed in the following situations: a) with malice aforethought; b) against the spouse or close relative; c) against an under 15 years old person; d) taking advantages of a helpless state of the victim; e) against a pregnant woman; f) by cruel means; g) against two or more persons; h) for the purpose of committing or covering stealing or piracy; i) while or on occasion of fulfillment of victim's duty or public function.
"We are prepared to express regret, as we have, on the loss of life, etc." Israel, he said, wanted "Turkish recognition that Israel did not act with malice aforethought and that Israel's soldiers acted in self-defense."
that there will be Turkish recognition that Israel did not act with malice aforethought and that Israel's soldiers acted in self defence," Netanyahu said.
Hair ruthlessly yanked back to increase his glare, he gleams with almost orgasmic sotto-voce malice aforethought and hurls imperious threats of imprisonment in tones of shiveringly polite disdain.
"Second degree murder requires malice aforethought, which can be implied by the conduct of the defendant.
As a doctrinal matter, however, the killing is not murder because killings committed under extenuating circumstances (upon a sudden quarrel or heat of passion) are not considered as having been committed with "malice aforethought," the mental state of murder.
When violence takes place in Europe, at least it is caused by inebriation; however, when it happens in our countries, it is probably malice aforethought.
I think it was something done with the greatest of sincerity, but certainly not with any malice aforethought to damage or to insult."