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Simple English definitions for legal terms
malice prepense
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A quick definition of malice prepense:
Malice prepense, also known as malice aforethought, is a term used in common-law murder cases to describe the mental state of the perpetrator. It means that the person had the intention to kill, cause serious harm, or showed extreme disregard for human life. It can also apply if the person intended to commit a dangerous crime that resulted in someone's death. Essentially, it means that the person had planned or thought about their actions beforehand. However, there are some circumstances where a killing may not be considered murder if there is justification, excuse, or mitigation.
A more thorough explanation:
Malice prepense, also known as malice aforethought, is a legal term used to describe the mental state required for common-law murder. It refers to the intention or recklessness of the perpetrator to cause harm or death to another person.
There are four types of malice aforethought:
- The intent to kill
- The intent to inflict grievous bodily harm
- Extremely reckless indifference to the value of human life
- The intent to commit a dangerous felony
For example, if someone plans and carries out a murder, they have malice prepense. If someone is driving under the influence and causes a fatal accident, they may also be charged with malice prepense due to their reckless indifference to human life.
It's important to note that not all intentional killings are considered malice prepense. If the killing is justified, excused, or mitigated, malice prepense does not apply.