Also known as: malice aforethought
Written by attorneys · grounded in primary & secondary sources — see below
An archaic Latin phrase denoting deadly malice. It historically identified the culpable mental state that, when paired with an unlawful killing, constituted murder at common law.
Michelle Murphy wrapped an extension cord around her coworker's neck and pulled for several minutes until the coworker stopped breathing. The prolonged targeting of the throat permitted the factfinder to infer that Michelle acted with deadly malice. That inference satisfied the mental-state element for murder.
Miguel Mendoza fired a handgun into the back of a store manager who had confronted him for shoplifting. The deliberate shot demonstrated deadly malice because Mendoza chose to kill rather than flee. The resulting unlawful killing therefore constituted murder.
Select any source to read its text and confirm it supports the definition.
Mariam Mansour locked a conference-room door and struck her colleague repeatedly in the head with a heavy stapler until the colleague lost consciousness. The sustained attack on a vital area supplied deadly malice. The colleague later died from the resulting brain hemorrhage.
Melanie Morris seized a thick cord and applied it directly to her supervisor's neck for several minutes after the supervisor became limp. The intentional use of the cord against a vital body part allowed the factfinder to infer deadly malice. That inference supported a murder conviction.
Miranda Morales deliberately cut a safety line on a stormy night knowing the captain would fall overboard and drown. The calculated act showed deadly malice because Miranda intended the fatal result. The captain's death therefore constituted murder.
Mason McCarthy was tried for shooting a rival during a heated argument. The prosecution introduced evidence that Mason had aimed at the victim's chest and fired multiple times. The jury could find deadly malice from those facts and return a murder verdict.
Malitia capitalis is the historical Latin term for deadly malice. At common law it supplied the mental state that, when joined with an unlawful killing, turned the homicide into murder.
Supporting sources
Yes. When a defendant intentionally directs a deadly weapon at a vital part of the victim's body, the factfinder may infer deadly malice and thereby satisfy the mental-state requirement for murder.
No. Deadly malice exists when the defendant acts with intent to kill, intent to inflict grievous bodily harm, extreme recklessness showing a depraved heart, or intent to commit a felony during which death occurs.
Deadly malice supports murder. Manslaughter lacks that mental state because the killing occurs in the heat of passion after adequate provocation or through criminal negligence without the required malice.
…(1975), in which we invalidated a Maine statute that presumed that a defendant who acted with an intent to kill possessed the "malice aforethought" necessary to constitute the State's murder offense (and therefore, was subject to that crime's associated punishment of life imprisonment). The statute placed the burden on the defendant…