Also known as: implied-malice murder · implied malice · malice implied
Written by attorneys · grounded in primary & secondary sources — see below
A theory of common law murder in which malice aforethought is supplied by a mental state other than an express intent to kill. The mental state may consist of reckless indifference to an unjustifiably high risk to human life, an intent to commit a felony during which death results, or a deliberate intent to inflict great bodily injury.
Captain Grant ordered his crew to lash unstable chemical drums to the open deck of a cargo ship despite a severe storm forecast. He knew the chemicals could explode in rough seas yet refused to reroute. When the storm hit, drums broke loose and exploded, killing deckhand Omar.
Joe directed his workers to pump toxic sludge into a storm channel at night to avoid disposal costs. The team bypassed security and released concentrated fumes near a bridge where Will slept. Will died from toxic exposure during the ongoing dumping operation.
Aidan locked Alfred inside a conference room and struck him repeatedly in the head with a heavy stapler and closed-fist blows until Alfred lost consciousness. Aidan then left without seeking medical help. Alfred later died from a brain hemorrhage caused by the head trauma.
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Ivy Ibarra stabbed her coworker during an argument after being accused of fraud. She claimed the killing occurred in sudden rage without prior planning. The prosecution introduced evidence that Ivy had researched weapons days earlier and disabled security cameras the night before.
Ibrahim Iqbal and an accomplice entered a store intending to rob it. During the robbery the accomplice shot the clerk, who died from the wound. Ibrahim argued the death was accidental and unplanned.
Ingrid Innes approved a live warehouse stunt involving high-speed forklifts after receiving a safety report warning of probable death. She rejected barriers and speed reductions to boost ratings. A contestant died when a forklift struck him during the broadcast.
Implied malice arises when a defendant acts with reckless indifference to an unjustifiably high risk to human life, intends to commit a felony during which death results, or deliberately intends to inflict great bodily injury.
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No. The intent to commit the underlying felony itself supplies the implied malice required for murder even when the defendant never formed an intent to kill or injure anyone.
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Reckless indifference requires conscious disregard of an unjustifiably high risk to human life, often described as an abandoned and malignant heart. Ordinary recklessness that falls short of this heightened indifference supports only manslaughter.
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Yes. Implied malice can rest on reckless indifference or felony intent even when no weapon is used, as when a defendant orders hazardous materials stored in a manner likely to cause death during a storm.
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No. The prosecution need only show that the defendant intended to commit the felony and that death occurred during its commission. A separate conviction on the underlying felony is unnecessary.
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…either express or implied." Manslaughter was a killing "in the heat of passion, on sudden provocation, without express or implied malice aforethought." Id. , at 686, and n. 3. Although "express malice" at one point may have had its own significant independent meaning, see Perkins, A Re-Examination of Malice Aforethought, 43…