MALICE PREPENSES Meaning and
Definition
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Malice prepense, also known as malice aforethought, is a legal term used in common law jurisdictions to describe a mental state or intent involved in certain criminal offenses, particularly murder. It refers to the deliberation or premeditation by an individual to cause harm or commit a crime without any legal justification or excuse.
In legal terms, malice prepense implies a conscious decision to engage in wrongful conduct, knowing the potential consequences and intending to cause harm to another person. It goes beyond a mere impulsive action or momentary anger and typically requires planning and forethought.
The phrase "malice prepense" highlights the intention to cause harm or injury, urging the court to consider the element of premeditation when determining the degree of culpability for an offense. It is often associated with crimes such as murder, where the prosecution must prove that the defendant acted with malice aforethought, indicating a calculated plan to take someone's life.
Malice prepense is an important concept within criminal law as it distinguishes intentional acts with harmful consequences from accidental or unintentional harm. By demonstrating a state of mind that involves premeditation and wrongful intent, it serves as an aggravating factor that may lead to more severe punishment for the defendant.
Common Misspellings for MALICE PREPENSES
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Etymology of MALICE PREPENSES
The phrase "malice prepense" comes from the Latin phrase "malitia praecogitata", which can be broken down into two parts: "malitia" meaning "malice" or "evil intent", and "praecogitata" meaning "premeditated" or "preconceived". The term originated in English common law, specifically within the context of the crime of murder. It refers to the intentional planning or premeditation of a criminal act, indicating that the perpetrator had a specific intent to cause harm or engage in wrongdoing. Over time, "malitia praecogitata" was anglicized into "malice prepense", which has been used in legal vocabulary to describe premeditated intent in various crimes.
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