MALICE PREPENSE Meaning and
Definition
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Malice prepense is a legal term used to describe the mental state or intention of an individual prior to committing a crime, particularly murder. Derived from the Latin phrase "malitia praecogitata," it refers to the deliberate and premeditated intent to cause harm or injury to another person or property.
The concept of malice prepense signifies a higher degree of culpability than acting on impulse or in the heat of the moment. It implies that the person had a clear intention to commit the crime and had ample time to reflect on their actions, giving rise to a more severe charge and potential punishment. Malice prepense is often used synonymously with terms like "malice aforethought" or "premeditated malice."
Proving malice prepense requires establishing the accused person's state of mind at the time of the offense. This can be demonstrated through evidence of planning, premeditation, or prior intent. Examples may include the use of weapons or lethal force, stalking, threats, or previous instances of violence.
The presence of malice prepense is an essential element in murder cases. While laws may differ, many jurisdictions consider it a crucial requisite for classifying a killing as first-degree murder, which is typically associated with the most severe penalties in criminal law.
In summary, malice prepense refers to the deliberate and premeditated intent to cause harm or injury, particularly in the context of a crime such as murder. Its presence signifies a higher degree of culpability and can result in more severe consequences for the perpetrator.
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Malice previously and deliberately entertained.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
Common Misspellings for MALICE PREPENSE
- malice prepen3e
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- malice prepenre
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Etymology of MALICE PREPENSE
The term "malice prepense" comes from the Old French phrase "malice pre(ë)pense", which can be translated as "malice aforethought" in English. "Malice" derives from the Latin word "malitia", meaning "wickedness" or "spite", while "prepense" is derived from the Latin word "praepensare", meaning "to weigh beforehand". The phrase "malice prepense" is often used in legal contexts, referring to premeditated or deliberate intent to commit a harmful or wrongful act.
