What is the test for a finding of deliberation and premeditation in a murder case?
California, United States of America
The following excerpt is from People v. Wyatt, A144872 (Cal. App. 2018):
" ' "Deliberation" refers to careful weighing of considerations in forming a course of action; "premeditation" means thought over in advance. [Citations]. ' " '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.' " ' [Citation.]' " (People v. Casares (2016) 62 Cal.4th 808, 824.)
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We typically consider three kinds of evidence to determine whether a finding of deliberation and premeditation is adequately supportedpreexisting motive, planning activity, and manner of killing. But these factors "are merely a framework for appellate review; they need not be present in some special combination or afforded special weight, nor are they exhaustive." (People v. Brady (2010) 50 Cal.4th 547, 561-562.)
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