Malice Aforethought Is Not About Being Malicious
Malice is the intention to do harm. The legal phrase malice aforethought means something more technical than ill will.
Malice is the intention to do harm. The legal term *malice aforethought*, which defines murder in English law, is notoriously misleading: it does not require ill will or premeditation. It means an intention to kill or to cause grievous bodily harm, and a defendant who felt no hatred at all can still satisfy it.
- Intention to harm. *Acting out of malice.*
- Malice aforethought — the mental element of murder. *With malice aforethought.*
- Malicious — intending harm. *Malicious damage.*
Word forms
| Form | Word | Example |
|---|---|---|
| Noun | malice | Pure malice. |
| Adjective | malicious | A malicious rumour. |
| Adverb | maliciously | Acted maliciously. |
| Related | malign | A malign influence. |
| Related | malady | A serious malady. |
How it is used in a sentence
- With malice toward none.Lincoln's second inaugural address.
- Malice aforethought does not mean premeditation.A common misunderstanding.
- Malicious software is called malware.A blend.
Words from *malus*, bad
- Malice — intent to harm
- Malign — harmful, or to speak ill of
- Malady — an illness
- Malfunction — to work badly
- Malware — malicious software
From Old French *malice*, from Latin *malitia*, badness, from *malus*, bad.
Does malice aforethought require planning?
No. It means an intention to kill or cause serious harm, which can form in an instant.
Malicious or malignant?
Malicious describes intent to harm. Malignant describes something harmful in nature, and in medicine means cancerous.