Also known as: maliciously intended · malice
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state consisting of a deliberate purpose to cause harm or commit a wrongful act. In homicide, the state supplies express malice when the actor intends to kill another human being.
Marcus Mitchell drew a loaded pistol, pressed it to Lewis's temple, and pulled the trigger after learning of a report to compliance. The deliberate targeting of a vital area at close range shows the conscious objective to cause death.
Monica Morgan was charged with murder after she aimed a firearm at the victim and fired following an argument. The indictment alleged the deliberate purpose to cause death while describing the circumstances of the shooting.
Mariam Mansour aimed a rifle at the victim's back and fired after a dispute over crop losses. The purposeful shooting at a vital area demonstrated the deliberate intent to kill that constitutes express malice.
Select any source to read its text and confirm it supports the definition.
Musa Mensah locked a laboratory door, wrapped an extension cord around Preston's neck, and applied sustained pressure until death occurred. The prolonged application of force to a vital area established the mental state required for common-law murder.
Maurice Marshall aimed a pistol at the victim's temple and pulled the trigger after learning of the compliance report. The deliberate targeting of a vital area at close range established the conscious objective to cause death.
Meredith Maxwell aimed a hunting rifle at Maya's back and fired a single shot after a dispute over crop losses. The purposeful shooting at a vital area demonstrated the deliberate intent to kill that constitutes express malice.
Express malice exists when the defendant forms a deliberate, conscious intent to kill another human being. The factfinder may infer that intent from the intentional use of a deadly weapon aimed at a vital part of the body.
Supporting sources
No. Anger does not prevent formation of an intent to kill. Malice turns on the quality of the mental state, not on the presence of emotion, unless separate doctrines such as adequate provocation reduce the offense to voluntary manslaughter.
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Under Rule 9(b), malice, intent, knowledge, and other conditions of mind may be alleged generally even though the circumstances constituting fraud or mistake must be stated with particularity.
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Yes. Deliberate alteration of a quotation attributed to a public figure constitutes actual malice when the change produces a material difference in meaning conveyed by the original statement.
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…the statements were libelous per se, "the law . . . implies legal injury from the bare fact of publication itself," "falsity and malice are presumed," "general damages need not be alleged or proved but are presumed," and "punitive damages may be awarded by the jury even though the amount of actual damages is neither found…