Under common law, murder is defined as killing another with malice aforethought. Malice may be shown by which of the following?

• A. Intent to kill
• B. Intent to inflict serious bodily harm
• C. Reckless indifference with a depraved heart
• D. All of the above

Answer: (D)

Malice aforethought can be shown in multiple ways that reflect the killer’s state of mind. It can be express, through an intent to kill or through an intent to inflict serious bodily harm. It can also be implied, through a depraved indifference to human life, i.e., a depraved heart with extreme recklessness about the risk to others. Each of these forms demonstrates the malice needed for murder. Because all three pathways establish malice, the best answer recognizes that any of them can support a finding of malice aforethought.