What is the test for "deliberate and premeditated" murder?

California, United States of America


The following excerpt is from People v. Silva, E064416 (Cal. App. 2017):

To prove a murder "was 'deliberate and premeditated,'" it is not "necessary to prove the defendant maturely and meaningfully reflected upon the gravity of his or her act." ( 189.) "'Deliberation' refers to careful weighing of considerations in forming a course of action; 'premeditation' means thought over in advance. [Citations.] '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. . . ." [Citations.]'" (People v. Koontz (2002) 27 Cal.4th 1041, 1080.)

"Courts often use the three factors set forth in People v. Anderson (1968) 70 Cal.2d 15[, pages 26 to 27] . . . as a guide to analyzing whether there is substantial evidence of premeditation and deliberation. [Citation.] Those three factors are (1) planning activity (i.e., facts about what the defendant did prior to the killing that show he was engaged in activity directed toward killing); (2) motive (i.e., facts about the defendant's prior relationship with the victim from which the jury could reasonably infer a motive to kill the victim); and (3) method (i.e., facts about the manner of the killing

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