malice (2024)

In criminal law, malice indicates the intention, without justification or excuse, to commit an act that is unlawful. Evidence of malice is a prerequisite in some jurisdictions to prove first-degree murder. Malice is also relevant in criminal law for a charge of Implied Malice Murder, also known as Depraved Heart Murder, where a defendant may be found guilty of murder even though they did not possess an intent to kill another, so long as the defendant recognized that their actions created a substantial and unjustified risk of death but engaged in those actions nonetheless (see malice aforethought). Such malice is also characterized as that which displays “extreme indifference to human life.”

Malice may also be used in connection with defamation cases or controversies concerning the First Amendment. In defamation cases concerning speech (written or spoken) that makes allegations about public officials or public figures (not private individuals), the Supreme Court has ruled that these types of plaintiffs must prove “actual malice” on the part of the person who made the allegations, meaning that they either knew the allegations were false when they made them or exhibited a reckless disregard for the truth (see The New York Times Co. v. Sullivan, 376 U.S. 254 (1964)).

[Last updated in June of 2023 by the Wex Definitions Team]

malice (2024)

FAQs

What is an example of malice? ›

: desire to cause pain, injury, or distress to another. an attack motivated by pure malice. 2. : intent to commit an unlawful act or cause harm without legal justification or excuse. ruined her reputation and did it with malice.

What is malice behavior? ›

desire to inflict injury, harm, or suffering on another, either because of a hostile impulse or out of deep-seated meanness. the malice and spite of a lifelong enemy.

What emotion is malice? ›

desire to inflict injury, harm, or suffering on another, either because of a hostile impulse or out of deep-seated meanness: the malice and spite of a lifelong enemy. Synonyms: bitterness, spitefulness, rancor, hatred, hate, venom, malevolence, enmity, animosity, spite, ill will.

What does it mean to act in malice? ›

malice. n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim.

What does the Bible say about malice? ›

Ephesians 4:31-32 New King James Version (NKJV)

Let all bitterness, wrath, anger, clamor, and evil speaking be put away from you, with all malice. And be kind to one another, tenderhearted, forgiving one another, even as God in Christ forgave you.

What is proof of malice? ›

In defamation cases concerning speech (written or spoken) that makes allegations about public officials or public figures (not private individuals), the Supreme Court has ruled that these types of plaintiffs must prove “actual malice” on the part of the person who made the allegations, meaning that they either knew the ...

What do you call a person with malice? ›

Malicious is the adjective based on the noun malice, which means the desire to harm others. Both words come from the Latin word malus, for bad. If someone is malicious he doesn't just make bad things happen; he loves to make bad things happen. Definitions of malicious.

What causes someone to be malice? ›

Malice is a legal term which refers to a party's intention to do injury to another party. Malice is either expressed or implied. For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being.

What are the 2 types of malice? ›

Express malice is present when someone has specific intention to kill another person. Implied malice is present when someone intentionally and deliberately commits an act that he or she knows to be dangerous to others with conscious disregard for human life.

What is the root of malice? ›

The Latin root word mal means “bad” or “evil.” This root is the word origin of many English vocabulary words, including malformed, maltreat, and malice. You can recall that mal means “bad” through malfunction, or a “badly” working part, and that it means “evil” through malice, or intentional “evil” done to another.

How to get rid of malice in your heart? ›

After knowing that you are a malice bearer, the next thing to do is to cry out to God for help. Ask Him to forgive you of this bad habit and of the pains you have caused people through malice bearing. Ask the Spirit and power of God to come into you and help you over-power and put away the forces of malice.

Is malice an evil? ›

Just like the Spanish mal, this is a word for badness or evil. Malice isn't just any evil, though: it's evil done intentionally by someone seeking to do harm. People feel malice for people they hate. Malice is even stronger than spite.

How do you prove malice? ›

The existence of actual malice may be shown in many ways, as long as the claim is properly supported by admissible evidence. Malice may be proven through any competent evidence, either direct or circ*mstantial.

What are the characteristics of malice? ›

The malice aforethought definition is when a person commits an act that is malicious, or they were in a depraved state of mind and knew that their actions could cause serious harm or death. Malice aforethought can also be when someone wants to cause an extreme level of damage and create fear.

What are actions with malice? ›

In criminal law, descriptions of malice vary somewhat. But, in general, "malice" isn't as simple as dislike or hate. For example, a common definition provides that a person acts with malice by intentionally committing a wrongful act without a reasonable excuse.

What are the three types of malice? ›

The three types of malice aforethought are intent to kill, intent to cause serious bodily injury, and depraved heart. The three Model Penal Code murder mental states are purposely, knowingly, or recklessly under circ*mstances manifesting extreme indifference to the value of human life.

What is actual malice in simple terms? ›

The Supreme Court has defined actual malice as actual knowledge that the statement is false or reckless disregard for the truth.

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