aforethought


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Aforethought

In Criminal Law, intentional, deliberate, planned, or premeditated.

Murder in the first degree, for example, requires malice aforethought; that is, the murder must have been planned for a period of time, regardless how short, before it was committed.

aforethought

adjective beforehand, calculated, contrived in advance, deliberate, designed, intended, planned, planned beforehand, prearranged, preconceived, pr econsider ed, pr edeliberated, predetermined, pr eeeditated, prepared, prepense, previously in mind, purposed, purposive, reflective, studied, with forethought
Associated concepts: malice aforethought
See also: express, premeditated, premeditation

aforethought

see HOMICIDE.

AFORETHOUGHT, crim. law. Premeditated, prepense; the length of time during which the accused has entertained the thought of committing the offence is not very material, provided he has in fact entertained such thought; he is thereby rendered criminal in a greater degree than if he had committed the offence without. premeditation. Vide Malice; aforethought; Premeditation 2 Chit. Cr. 785; 4 Bl. Com. 199; Fost. 132, 291, 292; Cro. Car. 131; Palm. 545; W. Jones, 198; 4 Dall. R. 146; 1 P. A. Bro. App. xviii.; Addis. R. 148; 1 Ashm. R. 289.

References in periodicals archive ?
It is intended to cause death and accordingly constitutes malice aforethought."The court rejected Ms Nyagol's defence that she was under compulsion when she strangled her husband with the judge stating that she may have indeed had the assistance of three assailants she referred to.
``We had the impression that Jack Straw, the appropriately named chief trouble-maker, was acting with malice aforethought.
During it expert witness Andy Gray, quite rightly, castigated Arsenal's French international Manu Petit for some irascible Gallic arm-waving with malice aforethought. Quite wrongly, he ignored not just one but the two bouts of the iniquitous shirt-pullin g that provoked it.
The court ruled that Wamaitha had 'malice aforethought', which means she intended to kill the children.
And, just as he did when he scored his record-breaking 501 at this ground four summers ago, it is all done with not so much malice but run-making aforethought.
"Anybody who deliberately takes another person's life, and I distinguish between manslaughter and murder, anyone who with malice aforethought murders another citizen, can expect to serve very substantial sentences."
It is a classic case of cold-blooded murder with malice aforethought."
"How could their outwardly normal lives conceal such malice aforethought?
He said: "It is high time that we stood up to those who with malice aforethought try to besmirch the brave and idealistic leaders of 1916 with the vile deeds of those responsible for the carnage at Omagh.
He said: "It is high time that we stood up to those who with malice aforethought try to besmirch the brave and idealistic leaders of 1916 with the vile deeds of those responsible for the carnage at Omagh or of any other tiny group that have no mandate and no prospect of any for their lunatic actions."
"They are not terrorists or murderers who went our with malice aforethought to shoot, bomb, maim and kill.
Patriarch and show founder, Reverend Tommy Gunn, and his partner, Miss mAlice Aforethought, are not only amazing showpeople in their own rights, but also proud parents who are excited about what their children have achieved.