malice aforethought

Noun

1.

malice aforethought - (law) criminal intent; the thoughts and intentions behind a wrongful act (including knowledge that the act is illegal); often at issue in murder trials Synonyms: mens rea

MALICE AFORETHOUGHT, pleadings. In an indictment for murder, these words, which have a technical force, must be used in charging the offence; for without them, and the artificial phrase murder, the indictment will be taken to charge manslaughter only. Fost. 424; Yelv. 205; 1 Chit. Cr. Law, *242, and the authorities and cases there cited.
     2. Whenever malice aforethought is necessary to constitute the offence, these words must be used in charging the crime in the indictment. 2 Chit. Cr. Law, *787; 1 East, Pl. Or. 402. 2 Mason, R. 91.

jurisprudence, law, mens rea, planning, premeditation, preparation, provision