What is the test for determining whether a murder that is premeditated and deliberated is murder of the first degree?
California, United States of America
The following excerpt is from People v. Rodriguez, B288701 (Cal. App. 2019):
4. "'Murder that is premeditated and deliberated is murder of the first degree.'" (People v. Pearson (2013) 56 Cal.4th 393, 443.) "We do not distinguish between attempted murder and completed first degree murder for purposes of determining whether there is sufficient evidence of premeditation and deliberation." (People v Herrera (1999) 70 Cal.App.4th 1456, 1462, fn. 8, disapproved of on other grounds in People v. Mesa (2012) 54 Cal.4th 191, 199.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for a jury to determine whether there is sufficient evidence of premeditation and deliberation for a completed first degree murder? (California, United States of America)
What is the test for determining whether there is sufficient evidence of premeditation and deliberation for a conviction of completed first degree murder? (California, United States of America)
What is the test for a jury to determine whether a defendant committed a first degree murder by deliberate and premeditation? (California, United States of America)
What is the test for determining whether there is sufficient evidence of premeditation and deliberation on appeal for completed first degree murder? (California, United States of America)
What is the test for determining there is sufficient evidence of premeditation and deliberation for a completed first degree murder? (California, United States of America)
When a crime is into degrees, what is the test for determining whether a defendant is guilty of first degree murder? (California, United States of America)
Can a jury be misled by the prosecutor by excising premeditation and deliberation from the elements of first degree premeditated murder? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree 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 the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
