Malice

Malice is bitter; it is the character of a wicked mind.

Malitia est acida; est mali animi affectus.

Source: 2 Bulstr. 49

Malice is not mere ill-feeling but a settled disposition to do wrong — the law treats it as a distinct and aggravating element of culpability.

Evil is not presumed.

Malum non praesumitur.

Source: 4 Coke, 72; Branch, Princ.; Weisman, 78c

The law's starting presumption is innocence — no man is assumed to harbor evil intent until the evidence compels that conclusion.

He who is once shown to be bad is presumed to remain so in the same kind.

Semel malus, semper praesumitur esse malus in eodem genere.

Source: Cro. Car. 317; Best, Evid. 345; Weisman, 26j; Weisman, 78e

A demonstrated pattern of wrongdoing creates a rebuttable presumption of continued misconduct of the same character — past behavior is evidence of present disposition.

It is not lawful to do evil that good may come of it.

Non licet ex malo bonum facere.

Source: 11 Coke, 74a; Ex parte Curtis, 106 U.S. 371, 378; Weisman, 78n

No desired outcome, however beneficial, can justify the use of unlawful means to achieve it — the end never justifies the means.

Malice supplies age.

Malitia supplet aetatem.

Source: 1 Bl. Comm. 464; Weisman, 78j

Where a minor demonstrates a degree of malice beyond his years, the law may treat him as capable of criminal intent regardless of the presumption of incapacity attending his age.

Evil mind, evil intent.

Mala mens, malus animus.

Source: 4 Coke, 15

The law recognizes that a wicked purpose and a corrupt will are inseparable — where malice of mind is established, evil intent is presumed to follow, and the law acts accordingly.