What is the burden of premeditation and deliberation in a motor vehicle accident case?
California, United States of America
The following excerpt is from People v. Hebert, E058996 (Cal. App. 2015):
proof of "careful thought and weighing of considerations for and against the proposed course of action." (People v. Mayfield (1997) 14 Cal.4th 668, 767.) Defendant argues the prosecution's comparison of the decisionmaking process used when proceeding through an intersection to that of killing someone, was a mischaracterization designed to diminish the prosecution's burden on the issue of premeditation and deliberation.
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