Malice Aforethought
Malice aforethought is the mens rea required for murder, encompassing four mental states: intent to kill, intent to cause serious bodily harm, depraved heart (extreme recklessness), and felony murder.
Exam Tip
Four types: "I Intend Great Felonies" = Intent to kill, Intent GBH, Depraved heart, Felony murder. Malice does NOT require advance planning!
What is Malice Aforethought?
Malice aforethought is the mental state distinguishing murder from manslaughter. Despite its name, doesn't require actual malice or premeditation.
Four Types of Malice
| Type | Mental State |
|---|---|
| Express Malice | Intent to kill |
| Intent to Cause GBH | Intent to cause serious harm |
| Depraved Heart | Extreme recklessness |
| Felony Murder | Intent to commit dangerous felony |
California PC 188
- Express: "Deliberate intention to take life"
- Implied: "Conscious disregard for life"
What Negates Malice
| Factor | Result |
|---|---|
| Heat of Passion | Voluntary manslaughter |
| Imperfect Self-Defense | Voluntary manslaughter |
| Reasonable Self-Defense | No crime |
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Related Terms
Mens Rea (Guilty Mind)
Mens rea is the mental state or criminal intent required to establish guilt for a crime, ranging from purpose (highest culpability) to negligence (lowest), and is an essential element that prosecution must prove beyond a reasonable doubt.
Voluntary Manslaughter
Voluntary manslaughter is an intentional killing committed in "heat of passion" following adequate provocation, or under honest but unreasonable belief in self-defense (imperfect self-defense), reducing murder to a lesser offense.
Felony Murder Rule
The felony murder rule imposes murder liability on a defendant who causes a death during commission of an inherently dangerous felony (BARRK: Burglary, Arson, Robbery, Rape, Kidnapping), without requiring proof of intent to kill.