What is the evidence of deliberation and premeditation in a murder case?

California, United States of America


The following excerpt is from People v. Serna, H042076 (Cal. App. 2017):

But the prosecution presented strong evidence of deliberation and premeditation. " 'Deliberation' refers to careful weighing of considerations in forming a course of action; 'premeditation' means thought over in advance." (People v. Koontz (2002) 27 Cal.4th 1041, 1080.) The evidence showed Serna thought about killing her baby in advance and considered the consequences of doing so. She wrote multiple letters prior to the killing in which she set forth her reasons for why she intended to kill her baby, blaming Morales for creating the underlying circumstances. In her letter to her brother, Serna acknowledged the pain the killing would cause her parents. But she also expressed her belief that she and the baby would be better off dead. She also stated an obvious desirewhether characterized as vengeance or something elseto demonstrate to

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