General Definition of Malice Murder

Malice murder refers to the unlawful, premeditated killing of a person. This charge does not require the presence of any specific ill-will, bias, or hatred. What is required is being able to prove that the accused party exercised "malice aforethought", which is having decided to murder, cause great bodily harm, or otherwise act with blatant disregard for human life.

Malice murder differs from the charge of felony murder

Wikipedia offers the following as a general definition: "According to Georgia law, express malice is “that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof.” Malice is implied when “no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart." ¹

Georgia criminal law allows for malice intent to be qualified as being either express or implied. Express malice is appropriate when there was a premeditated plan or conspiracy to commit murder. Implied malice is appropriate when the accused acted recklessly without regard to human life. An example of implied malice would be a person in a bar fight killing someone with a chair.

An example of this may be found in a paper published by the Mercer Law Review. The paper discusses "Assault Leading to Homicide May Be Used To Invoke Felony Murder Rule". In part, the paper states "The purpose of the felony murder rule is to relieve the state of the burden of proving premeditation or malice whenever the victim’s death is caused by the killer while the killer is committing another felony. Since a malignant purpose is established by proof of the defendant’s other felony, malice is redundant with reference to the killing."²

Legal Definition of Malice Murder in Georgia

Malice Murder – OCGA § 16-5-1

• (a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
• (b) Express malice is the deliberate intention unlawfully to take the life of another human being, which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
• (c) A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being, irrespective of malice.
• (d) A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being, irrespective of malice.
• (e) (1) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
• (2) A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years.

Penalties for Malice Murder

In Georgia, a conviction on the charge of Malice Murder brings a serious sentence. In fact, Malice Murder is one of the Seven Deadly Sins in Georgia’s Three Strikes Law.

Georgia criminal law, O.C.G.A. § 16-5-1(e), lists potential sentences as:​

1. A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
2. A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than 10 nor more than 30 years.

For a death sentence execution in Georgia, the State currently uses lethal injection.

Factors That Influence Sentencing

Although limited, the court has some flexibility on sentencing terms. This is largely influenced by case facts and certain circumstances, such as aggravating factors. If convicted, the sentence will be severe

Examples of factors that influence sentence terms are:

• Existence of any diagnosed mental illness of the accused.
• Aggravating factors such as torture, kidnapping, rape, etc.
• "Cold Blooded Murder" (lack of provocation) such as a random killing.
• "Battered Person’s Syndrome" wherein a person kills someone after years of serious abuse.

Other Murder-Related Charges in Georgia

• Felony Murder
• Second-Degree Murder
• Voluntary Manslaughter
• Involuntary Manslaughter
• Assisted Suicide

Summary & Key Takeaways

Malice murder in Georgia is defined as the intentional and unjustified killing of another person with "malice aforethought,", either express or implied. Sentences range between life imprisonment (with or without a chance for parole) or the death penalty. Court proceedings focus heavily on aspects of intent and provocation.​