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Murder, in criminal law, the unjustified killing of one person by another, usually distinguished from the crime of manslaughter by the element of malice aforethought.
She had been provoked by Blakely to the point where her judgment was suspended and the element of malice needed to prove murder was not present.
He said it was "remarkable" that everyone involved in the trial - six very experienced counsel and a very experienced judge - were misled into believing that, to establish provocation, the element of malice and intent had to be negated.
"To elevate it to murder, you have to have the element of malice".
Similar(56)
The mens rea element is that of "malice", which means either intention or recklessness.
But this new, English word -- English tempered by an American determination to believe that serious people can lapse from high standards only in a temporary fit of civic irresponsibility -- is probably violent enough, and it certainly captures the essential element of personally cherished malice.
What that 17th-century doctor and antiquarian had said was: "And surely we are all out of the computation of our age, and every man is some months elder than he bethinks him; for we live, move, have a being, and are subject to the actions of the elements, and the malice of diseases, in that other World, the truest Microcosm, the Womb of our Mother".
The mens rea (mental element) of murder was long held to be "malice aforethought", which took on a meaning only of the required mental state for murder, since malice aforethought required neither malice (compassionate killing is still murder) nor aforethought (no premeditation is required).
It is the aggressive element, the detached malice of the comic impersonator, that turns pathos into bathos, tragedy into travesty.
It was full of malice.
There is no hint of malice.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com