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.
Legal history
Malice aforethought was the mens rea element of murder in 19th century America, and remains as a relic in those states with a separate first-degree murder charge.
As of 1891, Texas courts were overwhelmed with discussing whether "malice" needs to be expressed or implied in the judge's jury instructions. However, the 1970s revision of the Texas Penal Code corrected this as "intentionally or knowingly" are the requisite mental state for murder in Texas. See Texas Penal Code Section 19.02.
Modern law
England
In English law the mens rea requirement of murder is either an intention to kill or an intention to cause grievous bodily harm. In R v Moloney [1985], Lord Bridge held that, intent, as defined in the mens rea requirement of murder 'means intent,' therefore the jury should simply use the term intent legally as they would in normal parlance. Furthermore, in Moloney, Lord Bridge held that, for the defendant to have the mens rea of murder, there must be something more than mere foresight or knowledge that death or serious injury is a "natural" consequence of the current activities: there must be clear evidence of an intention. This element of intention is not only fulfilled when the defendant's motive or purpose was to cause death or serious bodily harm (also known as 'direct intent,') but also when the defendant's motive or purpose was not to cause death or grievous bodily harm, but (as held by Lord Steyn in R v Woollin) death or serious bodily harm was a 'virtual certainty' of the defendant's act, and the defendant appreciated this to be so (also known as 'oblique intent.')
Malice Aforethought (1931) is a murder mystery novel written by Anthony Berkeley Cox, using the pen name Francis Iles. It is an early and prominent example of the "inverted detective story", invented by R. Austin Freeman some years earlier. The murderer's identity is revealed in the first line of the novel, which gives the reader insight into the workings of his mind as his plans progress. It also contains elements of black comedy, and of serious treatment of underlying tensions in a superficially respectable community. It is loosely based on the real-life case of Herbert Armstrong, with elements of Doctor Crippen.
Plot summary
The central character is a Devon physician, Dr. Bickleigh, who is in an unhappy marriage to a domineering wife, Julia. Initially he has some hopes of divorcing Julia and marrying a younger woman, Madeleine, who he is flirting with. However his hopes of divorce fade, and he uses his medical knowledge to murder Julia, to marry Madeleine. His method is a devious and some would say unusually cruel one: he slowly feeds her a chemical which gives her blinding headaches, which leads to her taking opium painkillers, so that she apparently dies of an accidental overdose of opium. He appears to get away with it, but one person who suspects the truth is Madeleine, who marries another man, and some people in the local community wrongly suspect that Julia committed suicide because of problems in their marriage. As Dr. Bickleigh realizes that Madeleine suspects what happened he attempts to poison her and her new husband; they survive, but this leads the authorities to become suspicious about the death of Julia some time earlier. Her body is exhumed and Dr. Bickleigh is put on trial for her murder.
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.
Synopsis
Set in a 1920's Devonshire village, the plot concerns the complicated love life of Dr. Edmund Bickleigh and his plans to resolve his unhappy marriage by murdering his wife. It is an early and well-known example of the "inverted detective story".