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Malice aforethought was the "premeditation" or "predetermination" (with malice) that was required as an element of some crimes in some jurisdictions,〔(The Free Legal Dictionary ), citing, ''West's Encyclopedia of American Law'', edition 2. Accessed November 15, 2010.〕 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. ==Legal history== Malice aforethought was the ''mens rea'' element of murder in 19th century America,〔Thomas Welburn Hughes, ''A treatise on criminal law and procedure'' (1919) § 110, p. 72. Found at (Google Books ). Accessed November 15, 2010.〕〔See (The Free Legal Dictionary ), citing, John Bouvier ''A Law Dictionary, Adapted to the Constitution and Laws of the United States'' (1856), citing Fost. 424; Yelv. 205; 1 Chit. Cr. Law, *242, 2 Chit. Cr. Law, *787; 1 East, Pl. Or. 402. 2 Mason, R. 91. Accessed November 15, 2010.〕 and remains as a relic in those states with a separate first-degree murder charge.〔''malice aforethought'' in (Nolo's Plain-English Law Dictionary ). Accessed November 15, 2010.〕 As of 1891, Texas courts were overwhelmed with discussing whether "malice" needs to be expressed or implied in the judge's jury instructions.〔See ''Ainsworth v. State'', 16 S.W. 652 (Tex. 1891), ''Washington v. State'', 16 S.W. 653 (Tex. 1891), ''Mendez v. State'', 16 S.W. 766, 767 (Tex. 1891), and ''Martinez v. State'', 16 S.W. 767, 768 (Tex. 1891), found at (Google Books ). Accessed November 15, 2010.〕 However, the 1970s revision of the Texas Penal Code corrected this as "intentionally or knowingly" are the requisite mental state for murder in Texas. See Texas Penal Code Section 19.02. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Malice aforethought」の詳細全文を読む スポンサード リンク
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