Home > West's Encyclopedia of American Law > Malice

The intentional commission of a wrongful act, absent justification, with the intent to cause harm to others; conscious violation of the law that injures another individual; a mental state indicating a disposition in disregard of social duty and a tendency toward malfeasance.

In its legal application, the term malice is comprehensive and applies to any legal act that is committed intentionally without JUST CAUSE or excuse. It does not necessarily imply personal hatred or ill feelings, but rather, it focuses on the mental state that is in reckless disregard of the law in general and of the legal rights of others. An example of a malicious act would be committing the TORT of slander by labeling a nondrinker an alcoholic in front of his or her employees.

When applied to the crime of murder, malice is the mental condition that motivates one individual...