Malice aforethought

/ˈmælɪs əˈfɔrθɔt/ noun phrase

Definition

The mental state required for murder, involving intent to kill or cause serious bodily harm, or showing extreme reckless disregard for human life. Despite the name, it doesn't require actual hatred or premeditation.

Etymology

From Old French 'malice' (badness, ill will) and Middle English 'aforethought' (premeditated). This legal term of art developed in medieval English law to distinguish murder from lesser homicides, though modern interpretation has evolved beyond requiring literal premeditation.

Kelly Says

Don't let the old-fashioned name fool you - 'malice aforethought' doesn't mean you have to hate someone or plan ahead! A person who fires a gun into a crowd has malice aforethought even if they acted on impulse and didn't target anyone specifically, because they showed extreme indifference to human life.

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