Is a conviction for first degree murder proper under a malice aforethought theory?

California, United States of America


The following excerpt is from People v. Hernandez, B240884 (Cal. App. 2015):

A conviction for first degree murder is proper under a malice aforethought theory if the defendant "'killed "as a result of careful thought and weighing of considerations; as a deliberate judgment or plan; carried on cooly and steadily, . . . according to a preconceived design." [Citation.]'" (People v. Anderson (1968) 70 Cal.2d 15, 26, original italics.) Courts typically look to the following types of evidence in determining

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whether the defendant acted with premeditation and deliberation: (1) whether the defendant engaged in planning activity prior to the killing; (2) whether the defendant had a motive to kill the victim; and (3) whether the defendant killed the victim in such a manner as to show the killing was intentional and according to a preconceived design. (Id. at pp. 26-27.) These factors are not required to be present in any specific combination, and courts are not required to accord them any specific weight. (People v. Pride (1992) 3 Cal.4th 195, 247.)

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