How have the terms "willfully", "deliberately" and "with premeditation" been defined in the context of the allegation of premeditated murder?

California, United States of America


The following excerpt is from People v. Jones, B226771 (Cal. App. 2012):

terms "willfully," "deliberately," and "with premeditation" with reference only to "the defendant": "The defendant acted willfully if he intended to kill. The defendant acted deliberately if he carefully weighed the considerations for and against his choice and, knowing the consequences, decided to kill. The defendant acted with premeditation if he decided to kill before committing the act that caused death." The terms were similarly defined with reference to defendant's state of mind in the instruction on the allegation of premeditated attempted murder. Thus, under the instructions, by convicting defendant of first degree murder, and finding true the allegation that the attempted murders were willful, deliberate and premeditate, the jury necessarily concluded that defendant acted with the intent to kill, and with premeditation and deliberation. These findings make it clear that the jury rejected any notion that defendant aided and abetted the actual killers with the state of mind requisite for complete self defense, imperfect self defense, or sudden quarrel or heat of passion. (See People v. Manriquez (2005) 37 Cal.4th 547, 582-583 [jury finding of first degree murder rendered any error in failing to instruct on imperfect self defense harmless].)

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