Also known as: expressly malicious · malice in fact
Written by attorneys · grounded in primary & secondary sources — see below
A form of malice aforethought consisting of a deliberate intent to kill another human being. This mental state is shown by purposeful conduct directed at causing death rather than by reckless or accidental conduct.
Edward Everett captained a fishing vessel owned by Emerald Enterprises. After learning that deckhand Eugene Ellsworth had reported unsafe practices, Everett ordered Ellsworth to inspect a net at the stern. Everett then used a boat hook to pry Ellsworth's hands from the rail and pushed him into rough seas far from shore. The deliberate sequence of actions shows Everett formed a conscious purpose to cause Ellsworth's death.
Emmett Egan a junior associate at a law firm believed senior partner Esme Ellington had blocked his promotion. Egan arranged a late meeting under a false pretext and hid a letter opener under his legal pad beforehand. When Ellington confirmed the criticism during the discussion Egan seized the opener and stabbed her repeatedly in the chest. The preparation and targeting of vital areas demonstrate Egan's deliberate intent to kill.
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Ewan Eckhart a deckhand on a commercial vessel had long clashed with Captain Edith Eberhardt. On a stormy night Eckhart deliberately severed Eberhardt's safety line and stood by as she was swept overboard and drowned. The calculated timing and action on a stormy night establish Eckhart's formed purpose to cause death.
Eugene Ellsworth a lead programmer at NovaStack grew furious after Maya accused him of sabotaging code. Late at night Ellsworth drew a concealed handgun aimed it at Maya's chest and fired once after shouting a hostile remark. The close-range shot to a vital area reveals Ellsworth's conscious objective to end Maya's life.
Emmett Egan managed a farm for Olivia. After blaming seasonal worker Esme Ellington for poor yields Egan grabbed a loaded rifle followed her outside and fired directly at her back. The purposeful pursuit and aimed shot at a vital area confirm Egan's deliberate intent to kill.
Edward Everett a professor at River University summoned graduate student Eugene Ellsworth after suspecting plagiarism. Everett locked the lab door seized an extension cord and applied it forcefully to Ellsworth's neck for several minutes until death by asphyxiation. The sustained targeting of the throat after the victim went limp shows Everett's formed purpose to cause death.
No. Express malice turns on the defendant's deliberate intent to kill. The rule focuses on purpose shown by conduct such as ordering a victim into a vulnerable position and pushing the victim overboard even without a traditional weapon.
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Yes. Steps such as obtaining a weapon in advance hiding it and arranging a meeting under false pretenses demonstrate that the defendant formed a conscious objective to cause death rather than acting on sudden impulse.
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No. A later assertion that rescue was expected does not erase the intent shown by the calculated acts that placed the victim in mortal danger.
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Express malice requires a deliberate intent to kill. Implied malice arises from intent to inflict great bodily injury or reckless indifference to human life without that specific purpose to cause death.
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…liable for either libel or slander. Id. , § 623. Punitive damages were recoverable upon proof of special facts amounting to express malice. Id. , § 908 and comment b, p. 555. Preparations in the mid-1960's for Restatement (Second) of Torts reflected what were deemed to be substantial changes in the law of defamation,…