What if a potential prosecutor says that Bush did not have the requisite intent to kill American soldiers?
Murder is defined as “the unlawful killing of a human being with malice aforethought.” To successfully prosecute for murder, you simply have to prove two elements of the crime, the prohibited act, or actus rea, and the criminal intent, mens rea. B. Intent to Kill: There are two types of malice aforethought: express and implied. 1) Express malice While Bush never specifically intended to kill any American soldiers, he absolutely knew American soldiers would necessarily die in his war (unless he intended a war without casualties, which is of course absurd on its face). It is boilerplate law that if one willfully does an act, the natural tendency of which is to take another’s life, then one must conclude that the destruction of such other person’s life was intended. 2) Implied Malice This does not require an intent to kill. It simply requires a showing that Bush intended to do an inherently dangerous act with wanton and reckless disregard for the consequences and an indifference to human
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