aforethought

Aforethought is an English noun meaning prior consideration; in general usage it denotes forethought. In a legal context, the phrase malice aforethought refers to the mental state deemed necessary for murder in many common-law systems. The expression denotes an intent to kill or to cause serious bodily harm, or a reckless indifference to human life, formed prior to or during the act.

In common law, malice aforethought helps distinguish murder from less serious offenses such as manslaughter. It does not require a lengthy period of planning; malice may be formed quickly, even moments before the act, depending on the jurisdiction's interpretation of intent and deliberation. Some jurisdictions prefer the terms “premeditation” and “deliberation” to describe the planning element; statutes define degrees of homicide using these concepts rather than the older phrasing.

Historically, malice aforethought appears in centuries of legal texts and judicial opinions; today it is largely replaced in modern statutes but remains common in historical discussions and in certain jurisdictions or cases that retain the traditional terminology. Outside the legal field, aforethought is rarely used in contemporary English except as part of fixed phrases or quotations.

See also: Malice aforethought; Premeditation; Murder; Homicide; Deliberation.