What is the legal test for "premeditated" murder?

California, United States of America


The following excerpt is from People v. Najera, G039674 (Cal. App. 5/7/2009), G039674 (Cal. App. 2009):

First degree murder is a "willful, deliberate, and premeditated killing." (Pen. Code, 189.) "In this context, `premeditated' means `considered beforehand,' and `deliberate' means `formed or arrived at or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of action.' [Citations.]" (People v. Mayfield (1997) 14 Cal.4th 668, 767.) "An intentional killing is premeditated and deliberate if it occurred as the result of preexisting thought and reflection rather than unconsidered or rash impulse. [Citations.]" (People v. Stitely (2005) 35 Cal.4th 514, 543.) Premeditation and deliberation do not require "an extended period of time." (People v. Mayfield, supra, 14 Cal.4th at p. 767.) "`The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly . . . .' [Citations.]" (Ibid.)

Although reviewing courts typically consider evidence of preexisting "motive, planning activity, and manner of killing" to assess the sufficiency of the evidence for premeditation and deliberation, "[t]hese factors need not be present in any particular combination . . . ." (People v. Stitely, supra, 35 Cal.4th at p. 543.) "The method of killing alone" may suffice to prove premeditation and deliberation. (People v. Memro (1995) 11 Cal.4th 786, 863-864.)

Other Questions


Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
How has the court interpreted the word "premeditated" before murder in a premeditated murder case? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
What is the test for a jury to convict a defendant of first degree murder by torture, poisoned, and premeditated murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
Does Defendant have any grounds to argue that the felony-murder special circumstance applies only to deliberate and premeditated murders? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.