What is "malice aforethought"

malice \mal"ice\ (m[a^]l"[i^]s), n. [F. malice, fr. L. malitia, from malus bad, ill, evil, prob. orig., dirty, black; cf. Gr. me`las black, Skr. mala dirt. Cf. Mauger.]

1. Enmity of heart; malevolence; ill will; a spirit delighting in harm or misfortune to another; a disposition to injure another; a malignant design of evil. ``Nor set down aught in malice.''
   --Shak.

   Envy, hatred, and malice are three distinct passions of the mind.
   --Ld. Holt.

2. (Law) Any wicked or mischievous intention of the mind; a depraved inclination to mischief; an intention to vex, annoy, or injure another person, or to do a wrongful act without just cause or cause or excuse; a wanton disregard of the rights or safety of others; willfulness.

   Malice aforethought or Malice prepense, malice previously and deliberately entertained.

   Syn: Spite; ill will; malevolence; grudge; pique; bitterness; animosity; malignity; maliciousness; rancor; virulence.

   Usage: See Spite. -- Malevolence, Malignity, Malignancy. Malice is a stronger word than malevolence, which may imply only a desire that evil may befall another, while malice desires, and perhaps intends, to bring it about. Malignity is intense and deepseated malice. It implies a natural delight in hating and wronging others. One who is malignant must be both malevolent and malicious; but a man may be malicious without being malignant.

   Proud tyrants who maliciously destroy And ride o'er ruins with malignant joy.
   --Somerville.

   in some connections, malignity seems rather more pertinently applied to a radical depravity of nature, and malignancy to indications of this depravity, in temper and conduct in particular instances.
   --Cogan.

n. (context legal English) The criminal intent which precedes a crime, especially murder.

n. (law) criminal intent; the thoughts and intentions behind a wrongful act (including knowledge that the act is illegal); often at issue in murder trials [syn: mens rea]

Malice aforethought was the "premeditation" or "predetermination" (with malice) that was required as an element of some crimes in some jurisdictions, and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, it has a technical meaning that has changed substantially over time.

Malice Aforethought is a 2005 ITV drama based on Anthony Berkeley Cox’s 1931 novel of the same name, made by Granada Television. There was an earlier BBC television adaptation of this novel in 1979.