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Legal Definition of Premeditation It must be long enough, after forming the intent to act, for the person to have been fully conscious of the intent and to have considered the act. Premeditation differs essentially from will, which constitutes the crime, because it supposes besides an actual will, a deliberation and a continued persistance which indicate more perversity. The preparation of arms or other instruments required for the execution of the crime, are indications of a premeditation, but are not absolute proof of it, as these preparations may have been intended for other purposes, and then suddenly changed to the performance of the criminal act. www.lectlaw.com /def2/p075.htm   (184 words)

Proposed Jury Instruction for Premeditation   (Site not responding. Last check: 2007-11-03) It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law. The Court instructs the jury that to premeditate is to think of a matter before it is executed. Premeditation implies something more than deliberation, and may mean the party not only deliberated, but formed in his mind the plan of destruction. www.state.wv.us /wvsca/jury/crim/premed.htm   (91 words)

Cr991121 Premeditated and deliberated murder occurs when it is the killer's conscious object to cause death and he forms that intention before he acts and a as a result of a weighing of the consequences of his course of conduct. Similarly, premeditation and deliberation may be inferred from the type and character of the weapon, the manner in which the weapon was used, the nature, extent, and location of the wounds, and the accused's conduct. The jury could easily have inferred from the numerous injuries to the victim's internal organs, as well as the autopsy evidence that she was strangled, that appellant acted with the purpose to cause her death. courts.state.ar.us /opinions/2000a/20000309/cr991121.html   (2205 words)

Washington Courts   (Site not responding. Last check: 2007-11-03) Premeditative intent was defined in the jury instructions: A person acts with intent or intentionally when acting with the objective or purpose to accomplish a result which constitutes a crime. Premeditation may be shown by circumstantial evidence where the jury draws reasonable inferences and the verdict is supported by substantial evidence. Sufficient evidence of premeditation has also been found where blood spatters on the wall indicated the victim was lying down and not looking at the defendant at the time he struck her and there was no evidence of any struggle. www.courts.wa.gov /opinions?fa=opinions.opindisp&docid=225429MAJ   (3660 words)

88571 -- State v. Morton -- Beier -- Kansas Supreme Court Premeditated and felony murder are not separate, distinct offenses but are two theories under which the crime of first-degree murder may be committed. He argues that he could not be convicted of first-degree murder on the combined theories of premeditation and felony murder, that the evidence on premeditation presented at his trial was insufficient, and that prosecutorial misconduct and cumulative error require reversal. Morrell intentionally and with premeditation or in the alternative by proving beyond a reasonable doubt that the defendant killed David Morrell and that such killing was done while in the commission of a felony or in flight from attempting to commit a felony, to-wit: aggravated robbery, as fully set out in these instructions. www.kscourts.org /kscases/supct/2004/20040326/88571.htm   (3768 words)

84814 -- State v. Doyle -- Lockett -- Kansas Supreme Court Premeditation is a state of mind relating to a person's reasons and motives for acting as he or she did. Premeditation cannot be inferred from the use of a deadly weapon alone, but it may be inferred where other circumstances also exist. Premeditation is a "'state of mind' relating to a person's reasons and motives for acting as he or she did." State v. www.kscourts.org /kscases/supct/2002/20020125/84814.htm   (3932 words)

[No title]   (Site not responding. Last check: 2007-11-03) Under RCW 10.95.020(9)(a), premeditated murder committed in the course of or in furtherance of a robbery, even when the robbery is not completed, is sufficient to find the existence of an aggravating factor. Premeditation may be proved by circumstantial evidence where the inferences drawn by the jury are reasonable and the evidence supporting the jury's finding is substantial. However, sufficient evidence to infer premeditation has been found where (1) multiple wounds were inflicted; (2) a weapon was used; (3) the victim was struck from behind; and (4) there was evidence of a motive, such as robbery or sexual assault. www.defender.org /DPAC/Case_Law/INSUFFICIENCY_OF_EVIDENCE.doc   (745 words)

Jury Instruction - Homicide Premeditation and deliberation, as elements of murder in the first degree, mean simply that the defendant before he fired the fatal show intended that he would shoot at the time he did so and that death would be the result of the shooting. Premeditation and deliberation, as I have heretofore defined these terms, while necessary to constitute a homicide murder in the first degree, are not essential elements of murder in the second degree, which is simply the unlawful killing of a human being with malice, but without premeditation and deliberation. Manslaughter in the second degree is defined as the unlawful killing of a human being without malice either express or implied, and without intent to kill or to inflict the injury causing death, committed accidentally in the commission of some unlawful act not felonious, or in the improper performance of an act lawful in itself. www.law.ua.edu /colquitt/crimmain/crimmisc/jurymur.htm   (687 words)

State v. Millsaps, 356 NC 556 (210A01) 12/20/2002 Premeditation and deliberation and felony murder are theories which the State may use, pursuant to N.C.G.S. to convict a defendant of first-degree murder. The dissent concluded that the defendant's evidence was insufficient to negate premeditation and deliberation. In both cases the defendant was convicted of premeditated and deliberate murder and felony murder with robbery with a dangerous weapon as the underlying felony, and in both cases the Court concluded that the evidence in the record negated premeditation and deliberation. www.aoc.state.nc.us /www/public/sc/opinions/2002/210-01-1.htm   (4666 words)

[No title] Premeditation and deliberation are usually proved by circumstantial evidence because they are mental processes that ordinarily are not readily susceptible to proof by direct evidence. 2d 384 (1987), we held that there was sufficient evidence from which the jury could properly have inferred premeditation and deliberation, where the evidence showed that the killing was accomplished by stabbing the victim through the neck, partially removing the knife, and then plunging it home again. We conclude that there was sufficient substantial evidence of premeditation and deliberation to support the trial court's denial of the defendant's motion to dismiss at the conclusion of all of the evidence. www.ibiblio.org /pub/docs/nc-supreme-court/jul0293/ginyard   (1803 words)

Forum   (Site not responding. Last check: 2007-11-03) It is distinguished from second degree murder in which premeditation is usually absent, and from manslaughter, which lacks premeditation and suggests that at most there was intent to harm rather than to kill. Second degree murder is such a killing without premeditation, as in the heat of passion or in a sudden quarrel or fight. Premeditation is an element in first degree murder and shows intent to commit that crime. www.forum4u.info   (1112 words)

20th WCP: A Non-Pacifist Argument Against Capital Punishment Since the death penalty clearly involves the elements of delay, disarming and premeditation, I conclude that the death penalty is murder in the biblical sense and ought to be abolished in any God-fearing (or otherwise moral) society. The moral view that premeditated killings by individuals is more reprehensible than killing in the face of immediate provocation is, I believe, as near to universal as any of our considered moral judgments. Since the death penalty clearly involves the elements of delay, disarming, and premeditation, I conclude that the death penalty is murder in the biblical sense and ought to be abolished in any God-fearing society. www.bu.edu /wcp/Papers/OApp/OAppWeat.htm   (2304 words)

Michigan Appellate Digest - 199770 People v Plummer   (Site not responding. Last check: 2007-11-03) Premeditation is an essential element of first-degree premeditated murder. Factors relevant to the existence of premeditation include: (1) the previous relationship between defendant and the victim; (2) the defendant's actions before and after the crime; and (3) the circumstances of the killing, including the weapon used and the location of the wounds inflicted. Premeditation and deliberation may be inferred from all the facts and circumstances, but the inferences must have support in the record. courtofappeals.mijud.net /Digest/newHTML/19977021.htm   (789 words)

Capital Defense Weekly As for premeditation, however, we determine that the State failed to present sufficient evidence to warrant the trial court's submission of Carpenter's case to the jury on that theory. Premeditation is defined as more than a mere intent to kill; it is a fully formed conscious purpose to kill. The State argued that a premeditation theory was supported by the nature of the victim's neck wound, which required multiple slashes, combined with other wounds caused by blunt trauma, as well as the existence of friction between the defendant and the victim. www.capitaldefenseweekly.com /archives/010305.htm   (9835 words)

107 Wn.2d 848, STATE v. OLLENS Premeditation has been defined as "the deliberate formation of and reflection upon the intent to take a human life", STATE v. I submit the presence of the knife in the first situation might not prove premeditation, while evidence of a dominant, physically strong man with a motive to kill to silence a potential witness reflects a situation which could establish premeditation. Sufficiency of the evidence of premeditation to allow the issue to go to the jury is present in this case, and I submit the evidence was sufficient to pass that test in the BINGHAM circumstances. www.mrsc.org /mc/courts/supreme/107wn2d/107wn2d0848.htm   (2222 words)

Advisory Board of Directors:   (Site not responding. Last check: 2007-11-03) It must be long enough, after forming the intent to act, for the person to have been fully conscious of the intent and to have considered the act. Premeditation differs essentially from will, which constitutes the crime, because it supposes besides an actual will, a deliberation and a continued persistance which indicate more perversity. The preparation of arms or other instruments required for the execution of the crime, are indications of a premeditation, but are not absolute proof of it, as these preparations may have been intended for other purposes, and then suddenly changed to the performance of the criminal act. www.balticbankinggroup.com /bbgdicionary/Premeditation.htm   (153 words)

State v. Parker, 354 NC 268 (556A99) 11/09/2001 The sentence was not disproportionate in that defendant was convicted based on premeditation and deliberation, having kidnaped and eventually drowned a defenseless, elderly woman whose confidence defendant earned through her authority as a health- care provider. On 30 March 1999, the jury found defendant guilty of first-degree-kidnapping and of first-degree murder on the basis of premeditation and deliberation and under the felony murder rule. Defendant was convicted on the basis of malice, premeditation, and deliberation, and under the felony murder rule. www.aoc.state.nc.us /www/public/sc/opinions/2001/556-99-1.htm   (10100 words)

Question about premeditation. - THR It's not premeditation because she was reacting to the actions of the BG. Premeditation really focuses on the intent to commit a particular act with a particular target, and usually with a criminal goal. If someone were to "premeditate" how to use lethal force in a particular circumstance against a particular person, that begs the question of why lethal force was necessary if you got into that circumstance. www.thehighroad.org /showthread.php?t=20289   (2541 words)

[No title] The defendant argues that since the jury declined to convict him under a theory of premeditation and deliberation, the jury could not subsequently find that the murder was committed for the purpose of avoiding or preventing a lawful arrest. That the jury rejected the theory of premeditation and deliberation does not mean it could not have legitimately found the aggravating circumstance. In ZZZuniga the defendant was sentenced to death for the stabbing and killing of a seven-year-old girl during the commission of the felony of first-degree rape. www.ibiblio.org /pub/docs/nc-supreme-court/jul3093/mccollum   (11518 words)

FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code Commonwealth, 123 Va. 825, 96 S. Premeditation, or specific intent to kill, distinguishes murder in the first from murder in the second degree; proof of this element is essential to conviction of the former offense, and the burden of proving it clearly rests with the prosecution. New York, 432 U.S. As the record demonstrates, the judge sitting as factfinder in the petitioner's trial was aware that the State bore the burden of establishing the element of premeditation, and stated that he was applying the reasonable-doubt standard in his appraisal of the State's evidence. Under that law it is well settled that premeditation need not exist for any particular length of time, and that an intent to kill may be formed at the moment of the commission of the unlawful act. caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=443&invol=307   (9424 words)

Premeditation and Deliberation However, deliberate premeditation excludes action which is taken so quickly that there is no time to reflect on the action and then decide to do it. New Jersey's definition of murder deals with the problem of the meaning of "premeditation" by focusing on acts which are purposeful and knowing, rather than on the time element (deliberate, premeditated). If one voluntarily does an act, the direct and natural tendency of which is to destroy another's life, it fairly may be inferred, in the absence of evidence to the contrary, that the destruction of that other's life was intended. myweb.wvnet.edu /~jelkins/crimlaw/problems/premeditation.html   (513 words)

[No title] On appeal, he argues the trial court erred in refusing to instruct the jury that the Commonwealth was required to prove that he was the triggerman in both killings. Rather, this section requires proof only that the defendant was the triggerman in the principal murder charged, and that he was at least an accomplice in the murder of an additional person or persons as part of the same act or transaction. The Court did not consider whether a defendant accused of the premeditated killing must also be the immediate perpetrator of the gradation or nexus crime. www.courts.state.va.us /txtops/0162992.txt   (1454 words)

State v. Brian K. Patten The elements of premeditation and deliberation require proof beyond a reasonable doubt of "some reflection and consideration upon the choice to kill or not to kill, and the formation of a definite purpose to kill." State v. And when the time is sufficient for this, it matters not how brief it is. Whether a deliberate and premeditated design to kill was formed must be determined from all the circumstances of the case. To prevail on a challenge to the sufficiency of the evidence, the defendant must demonstrate that no rational trier of fact, evaluating all of the evidence and its reasonable inferences in the light most favorable to the State, could conclude beyond a reasonable doubt that he had committed the charged crime. www.state.nh.us /judiciary/supreme/opinions/2002/0212/patte158.htm   (1206 words)

Cr01-856 For his first point on appeal, Appellant argues that it was error for the trial court to deny his motions for a directed verdict, as there was insufficient evidence to establish that he acted with premeditation or deliberation. 1997), a person commits capital murder if "[w]ith the premeditated and deliberated purpose of causing the death of another person, he causes the death of any person." This court has held that premeditation is not required to exist for any particular length of time. Likewise, in the present case, this jury could infer from the repeated blows inflicted on Cannon and the severe blunt-force injuries to his head that Appellant acted with premeditation and deliberation when he attempted to murder Cannon. courts.state.ar.us /opinions/2002a/20020606/cr01-856.html   (4749 words)

Converted WP file 22710c I concur with the holding of the majority, but write this separate opinion to reiterate that the duration of the time period required for premeditation cannot be arbitrarily fixed. The time in which to form a deliberate and premeditated design varies as the minds and temperaments of people differ, and according to the circumstances in which they may be placed. Finally, even syllabus point five of the majority provides only that "[a]lthough premeditation and deliberation are not measured by any particular period of time, there must be some period between the formation of the intent to kill and the actual killing. www.state.wv.us /wvsca/docs/spring95/22710c.htm   (546 words)

CATHOLIC ENCYCLOPEDIA: Saint Bartholomew's Day Massacre For the satisfactory solution of the question it is necessary to distinguish carefully between the attempted murder of Coligny on 22 August and his assassination on the night of 23-24 August, and the general massacre of Protestants. As we shall see, the decision to have recourse to a massacre arose in Catherine's mind under pressure of a sort of madness; she saw in this decision a means of preserving her influence over the king and of preventing the vengeance of Protestants, who were exasperated by the attack made on Coligny. The arguments against the thesis of premeditation as we have considered them one by one seem to us sufficiently plausible to permit us to exclude all hypothesis according to which, six months ahead of time, Alessandrino was confidentially apprised of the outrage. www.newadvent.org /cathen/13333b.htm   (3797 words)

Boston.com / News / Local / Mass. / Sampson jury to weigh premeditation US District Judge Mark L. Wolf said prosecutors had presented sufficient evidence at trial that Sampson killed 19-year-old Jonathan Rizzo on July 27, 2001, so that Rizzo wouldn't be able to call police and identify Sampson as the hitchhiker who forced him at knifepoint to drive from Plymouth to Abington before stealing his Volkswagen Jetta. He also found that jurors may consider other aggravating factors, including that Rizzo's murder was premeditated, and that McCloskey was particularly vulnerable because of his health. Ruling in favor of Sampson's lawyers on another issue, Wolf said prosecutors had failed to prove that McCloskey's murder was premeditated, meaning that jurors won't be able to consider that as a factor when deciding Sampson's fate. www.boston.com /news/local/massachusetts/articles/2003/11/26/sampson_jury_to_weigh_premeditation   (666 words)

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