Aforethought - Law Dictionary Search Results
Home Dictionary Name: aforethoughtaforethought
aforethought : previously in mind : premeditated ...
malice aforethought
malice aforethought see malice ...
Aforethought
Aforethought, prepense, premeditated....
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
malice
malice 1 a : the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse b : wanton disregard for the rights of others or for the value of human life c : an improper or evil motive or purpose [if cannot be proved or a benign purpose can be imagined "David Kairys"] d : actual malice in this entry actual malice 1 : malice proved by evidence to exist or have existed in one that inflicts unjustified harm on another: as a : an intent to injure or kill b : malice called also express malice malice in fact 2 a : the knowledge that defamatory statements esp. regarding a public figure are false b : reckless disregard of the truth see also public figure New York Times Co. v. Sullivan in the Important Cases section implied malice : malice inferred from the nature or consequences of a harmful act done without justification or excuse ;also : malice inferred from subjective awarenes...
Murder
Murder [fr. morthor, morthen, Sax.; murdrum, Low Lat.]. It is thus defined by Coke (3 Inst. 47): 'When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied'; see 4 Bl. Com. 195. Consult Russell on Crimes; Arch. Cr. Pl.; Steph. Dig.(1) The person committing the offence must be conscious of doing wrong, and able to discern between good and evil. See IDIOT; LUNATIC; DRUNKENNESS AND MACNAUGHTON'S CASE.(2) Death must result within a year and a day after the cause of death administered, see R. v. Dyson, (1908) 2 KB 454.(3) The person killed must be a reasonable creature in being, and under the king's peace.(4) The killing must be with malice aforethought, express or implied, and malice is implied from the perpetration of any felony, however absent from the mind of the perpetrator any intention to kill may be. When the act by which death is caused is done with the intention of causing death (See Indian...
premeditation
premeditation : an act or instance of premeditating ;specif : consideration or planning of an act beforehand [designed so that it requires to tamper with it] [murder in the first degree is the killing of a human being committed…intentionally and with "Kansas Statutes Annotated"] see also cold blood, murder compare intent NOTE: The terms premeditation malice aforethought deliberate, and willful are often used in statutes either along with or instead of intent to describe the necessary mental state for a crime. In some jurisdictions the premeditation has to occur only moments before the act, while in others it must precede the act by an appreciable amount of time. ...
Forethought
Thought of or planned beforehand aforethought prepense hence deliberate...
Murder
The offense of killing a human being with malice prepense or aforethought express or implied intentional and unlawful homicide...
Malitia pr'cogitata
Malitia pr'cogitata, malice aforethought. See MALICE....
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