California, United States of America
The following excerpt is from People v. Ghobrial, 234 Cal.Rptr.3d 669, 420 P.3d 179, 5 Cal.5th 250 (Cal. 2018):
" A verdict of deliberate and premeditated first degree murder requires more than a showing of intent to kill. ... "Deliberation" refers to careful weighing of considerations in forming a course of action; "premeditation" means thought over in advance. ... "The process of premeditation and deliberation does not require any extended period of time. 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. " " ( People v. Cole (2004) 33 Cal.4th 1158, 1224, 17 Cal.Rptr.3d 532, 95 P.3d 811.) In People v. Anderson (1968) 70 Cal.2d 15, 2627, 73 Cal.Rptr. 550, 447 P.2d 942, we identified three categories of evidence that tend to establish a premeditated and deliberate murderplanning, motive, and method. "But these categories of evidence ... are descriptive, not normative. (
[234 Cal.Rptr.3d 697]
People v. Perez (1992) 2 Cal.4th 1117, 1125, 9 Cal.Rptr.2d 577, 831 P.2d 1159.) They are simply an aid [for] reviewing courts in assessing whether the evidence is supportive of an inference that the killing was the result of preexisting reflection and weighing of considerations rather than mere unconsidered or rash impulse. " ( Cole , supra , at p. 1224, 17 Cal.Rptr.3d 532, 95 P.3d 811.)
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