When is malice implied in a killing?

Malice is considered to be implied in a killing when the circumstances indicate an "abandoned and malignant heart." This concept refers to a state of mind where the perpetrator demonstrates a disregard for human life and the consequences of their actions. It implies that the individual acted with a depraved indifference to life, meaning they acted with a reckless disregard for whether or not their actions would result in death or serious injury to another person.

In this context, an abandoned and malignant heart signifies a deliberate or reckless behavior that goes beyond mere negligence. For example, if someone engages in conduct that is excessively reckless, such as firing a weapon into a crowd, it shows a complete lack of concern for the lives of others. Thus, the implied malice arises from the nature of the act rather than the circumstances of the provocation or resistance presented by the victim.

The other choices involve considerations that do not satisfy the legal definition of implied malice as effectively. Active resistance by a victim may escalate a situation but does not inherently reflect the mindset of the perpetrator. Considerable provocation could potentially lead to a justified response rather than one marked by malice. Lastly, acting in self-defense generally negates the presence of malice since self-defense is a justification for