Final answer:
A defendant has the requisite 'malice' for murder when they commit an act with the intention to kill or severely harm, or with a depraved indifference to human life. 'Actual malice' refers to acting with knowledge of wrongdoing or with reckless disregard for its truth or falsity, which if proven, can lead to a charge of murder.
Step-by-step explanation:
Understanding 'Malice' in the Context of Murder
When discussing the term malice within the context of murder, it is important to understand the legal definitions and their implications. The requisite 'malice' for a charge of murder refers to a defendant's intent at the time of the crime. Specifically, a defendant manifests 'actual malice' when they commit an act with knowledge that it is wrong or with a reckless disregard for its truth or falsity.
In the case of a defendant charged with murder, this might mean carrying out an action with the intention to kill or severely harm someone or acting with a depraved indifference to human life. Various legal precedents and laws dictate how malice is interpreted and what constitutes sufficient evidence to establish it in a court of law. A defendant found to have acted with malice aforethought is typically subject to more severe punishment, as this intent characterizes the crime as murder rather than manslaughter or another lesser charge.