Malice (law) in the context of "Murder"

⭐ In the context of Murder, *malice* is considered the defining factor differentiating it from which of the following related legal classifications?

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⭐ Core Definition: Malice (law)

Malice is a legal term that 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. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case.

In many kinds of cases, malice must be found to exist in order to convict. (For example, malice is an element of the crime of arson in many jurisdictions.) In civil law cases, a finding of malice allows for the award of greater damages, or for punitive damages. The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law system.

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👉 Malice (law) in the context of Murder

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.

Most societies consider murder to be an extremely serious crime, and thus believe that a person convicted of murder should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally receives a long-term prison sentence, a life sentence, or capital punishment. Some countries, states, and territories, including the United Kingdom and other countries with English-derived common law, mandate life imprisonment for murder, whether it is subdivided into first-degree murder or otherwise.

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Malice (law) in the context of Villain

A villain (masculine), or villainess (feminine), also bad guy, baddy or baddie (sometimes known as a "black hat"), is a stock character, whether based on a historical narrative or one of literary fiction. Random House Unabridged Dictionary defines such a character as "a cruelly malicious person who is involved in or devoted to wickedness or crime; scoundrel; or a character in a play, novel, or the like, who constitutes an important evil agency in the plot". The antonym of a villain is a hero.

The villain's structural purpose is to serve as the opposite to the hero character, and their motives or evil actions drive a plot along. In contrast to the hero, who is defined by feats of ingenuity and bravery and the pursuit of justice and the greater good, a villain is often defined by their acts of selfishness, evilness, arrogance, cruelty, and cunning, displaying immoral behavior that can oppose or pervert justice.

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Malice (law) in the context of Oppression

Oppression is malicious or unjust treatment of, or exercise of power over, a group of individuals, often in the form of governmental authority. There are many scholars who have attempted to define oppression usually by the types of harm suffered by those who are persecuted.

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Malice (law) in the context of Threat actor

In cybersecurity, a threat actor, bad actor or malicious actor is either a person or a group of people that take part in malicious acts in the cyber realm, including computers, devices, systems, or networks. Threat actors engage in cyber related offenses to exploit open vulnerabilities and disrupt operations. Threat actors have different educational backgrounds, skills, and resources. The frequency and classification of cyber attacks changes rapidly. The background of threat actors helps dictate who they target, how they attack, and what information they seek. There are a number of threat actors including: cyber criminals, nation-state actors, ideologues, thrill seekers/trolls, insiders, and competitors. These threat actors all have distinct motivations, techniques, targets, and uses of stolen data.

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Malice (law) in the context of Premeditated

Malice aforethought is the "premeditation" or "predetermination" (with malice) 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.

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