8.4.4: The Meaning of Aforethought

California Criminal Law 2026 · LibreTexts

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    8.4.4: The Meaning of Aforethought

    The term aforethought at common law meant that the defendant planned or premeditated the killing. However, this term has lost its significance in modern times and does not modify the malice element in any way. Premeditation is a factor that can elevate murder to first-degree murder, as is discussed shortly.


    This page titled 8.4.4: The Meaning of Aforethought was last modified on Wed, 02 Sep 2026 09:56:37 GMT and is shared under a CC BY-NC-SA 4.0 license and was authored, remixed, and/or curated by Mark C Fields and Carmyn A. Radetic-Fields.