What is the test for premeditated and deliberate intent to torture under the torture-murder special circumstance?
California, United States of America
The following excerpt is from People v. Cole, 17 Cal.Rptr.3d 532, 33 Cal.4th 1158, 95 P.3d 811 (Cal. 2004):
[17 Cal.Rptr.3d 589]
Contrary to defendant's argument, premeditated and deliberate intent to torture is not an element of the torture-murder special circumstance. Defendant's rationale for the argument that the intent to torture required for the torture-murder special circumstance must be premeditated and deliberate is as follows: (1) the language of the torture-murder special circumstance "must be understood in light of the established meaning of torture" (People v. Davenport, supra, 41 Cal.3d 247, 271, 221 Cal.Rptr. 794, 710 P.2d 861); (2) the established meaning of murder by torture is "`murder committed with a wil[l]ful, deliberate and premeditated intent to inflict extreme and prolonged pain'" (People v. Raley, supra, 2 Cal.4th 870, 899, 8 Cal.Rptr.2d 678, 830 P.2d 712, italics added); and (3) the intent-to-torture element in murder by torture is the same for the torture-murder special circumstance.[17 Cal.Rptr.3d 589]
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