| 释义 |
malice aforethought
malice aforethoughtn. Law The premeditated and deliberate commission of a criminal act with knowledge of its harmfulness or reckless indifference to its harmfulness and without justification or excuse.malice aforethought n 1. (Law) the predetermination to do an unlawful act, esp to kill or seriously injure 2. (Law) the intent with which an unlawful killing is effected, which must be proved for the crime to constitute murder. See also murder, manslaughter mal′ice afore′thought
n. a predetermination to commit an unlawful act without just cause or provocation. Also called mal′ice prepense′. [1660–70] Thesaurus| Noun | 1. |  malice aforethought - (law) criminal intent; the thoughts and intentions behind a wrongful act (including knowledge that the act is illegal); often at issue in murder trialsmens reaplanning, preparation, provision - the cognitive process of thinking about what you will do in the event of something happening; "his planning for retirement was hindered by several uncertainties"premeditation - (law) thought and intention to commit a crime well in advance of the crime; goes to show criminal intentlaw, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order" |
Translationsmalice aforethought
malice aforethoughtA 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, malicemalice aforethought the intention to kill or harm which is held to distinguish unlawful killing from murder.See also: aforethought, malicemalice aforethought
malice aforethought Criminal law1. the predetermination to do an unlawful act, esp to kill or seriously injure 2. the intent with which an unlawful killing is effected, which must be proved for the crime to constitute murder malice aforethought
Related to malice aforethought: Excusable homicideMalice AforethoughtA predetermination to commit an act without legal justification or excuse. A malicious design to injure. An intent, at the time of a killing, willfully to take the life of a human being, or an intent willfully to act in callous and wanton disregard of the consequences to human life; but malice aforethought does not necessarily imply any ill will, spite or hatred towards the individual killed. malice aforethoughtn. 1) the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. 2) a general evil and depraved state of mind in which the person is unconcerned for the lives of others. Thus, if a person uses a gun to hold up a bank and an innocent bystander is killed in a shoot-out with police, there is malice aforethought. (See: malice, murder, first degree murder) malice aforethought see HOMICIDE.MALICE AFORETHOUGHT, pleadings. In an indictment for murder, these words, which have a technical force, must be used in charging the offence; for without them, and the artificial phrase murder, the indictment will be taken to charge manslaughter only. Fost. 424; Yelv. 205; 1 Chit. Cr. Law, *242, and the authorities and cases there cited.
2. Whenever malice aforethought is necessary to constitute the offence, these words must be used in charging the crime in the indictment. 2 Chit. Cr. Law, *787; 1 East, Pl. Or. 402. 2 Mason, R. 91. malice aforethought
Related to malice aforethought: Excusable homicideSynonyms for malice aforethoughtnoun (law) criminal intentSynonymsRelated Words- planning
- preparation
- provision
- premeditation
- law
- jurisprudence
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