Also known as: specially malicious · express malice
Written by attorneys · grounded in primary & secondary sources — see below
Malice directed at a particular person rather than at people generally.
Selena Singh learned that Sean Steele had reported her side business to compliance. She armed herself, confronted him after hours, pressed a pistol to his temple, and fired. The deliberate choice to kill this specific individual established special malice.
Solomon Silver produced a segment accusing Sofia Stern alone of fraud. The broadcast focused exclusively on her conduct and finances. Publication with knowledge of falsity directed at this identified person satisfied special malice.
Select any source to read its text and confirm it supports the definition.
Sabrina Shah published an article claiming Samuel Soto had committed perjury in a single case. The piece identified Soto by name and detailed his actions. The targeted falsehood supplied special malice toward that individual.
Spectrum Financial's controller researched and planned the murder of a named colleague. He disabled cameras, obtained a knife, and inflicted multiple chest wounds on that person. The focused preparation demonstrated special malice.
Sterling Dynamics employee Sierra Solutions confronted her supervisor after a demotion. She locked the door and strangled only that individual with an extension cord. The attack on this particular person established special malice.
Sentinel Security guard drew a pistol and shot her manager in the chest after termination. The court instructed the jury on the inference arising from use of a deadly weapon against this specific victim. The facts supported a finding of special malice.
Special malice requires that the wrongful intent be aimed at one identified person. General malice lacks that specific target. Dictionary definitions distinguish the two by the presence or absence of a particular victim.
Supporting sources
Yes. When the defendant forms a deliberate intent to kill a named individual, that intent constitutes both express malice and special malice. The focus on one person meets the particularity requirement while satisfying the intent-to-kill standard.
Yes. Research, weapon procurement, and disabling of surveillance directed at one victim supply circumstantial proof of special malice. Multiple essay questions illustrate that preparatory acts aimed at a specific person establish the required mental state.
Supporting sources
No. Multiple-choice questions confirm that rage does not negate the deliberate intent to kill a particular person. The mental state turns on the purpose to cause death, not on the presence or absence of calm reflection.
Supporting sources
…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,…