Each crime has its own set of elements—components that the prosecution must prove in order to establish the defendant’s guilt. Almost all crimes have a mental-state element. For some, this element is malice.
In criminal law, descriptions of malice vary somewhat. But, in general, “malice” isn’t as simple as dislike or hate. For example, a common definition provides that a person acts with malice by intentionally committing a wrongful act without a reasonable excuse. A person shows malice in this context by:
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acting deliberately with a calm mind or with a plan, or
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committing a purposeful and cruel act without any or without great provocation.
Malice is often an element in crimes involving death or injury. In such cases, states may use a more specific definition of malice. That definition, which some states use for all crimes, provides that malice is the intent to:
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kill someone or cause him or her great bodily harm, or
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create a high risk of death or great bodily harm with knowledge that such a result is probable.
The words a defendant uses or a plan that he or she expresses can directly show malice
https://www.nolo.com/legal-encyclopedia/what-malice.html
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