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Malice Murder Case

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The role of malice in determining the level of criminal homicide will have to do with if there was or was not malice aforethought involved with the criminal homicide. Because malice distinguished murder and manslaughter, it was imperative for the courts to define that term. Framers of the Model Penal Code considered malice to be so ill defined, that they abandoned the concept altogether in distinguishing between murder and manslaughter (Brody and Acker, 2010).

So let us say there are rival gangs and one gang decides to retaliate against the other gang. It is decided the one gang will go to the hangout of the other gang and shoot members of that gang. However, in the chaos, a young girl that is an innocent bystander accidentally gets shot and

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