What is the test for a finding of first degree premeditated murder?

California, United States of America


The following excerpt is from People v. Carlson, A144048 (Cal. App. 2017):

"The mental state required to support a finding of first degree premeditated murder is 'a deliberate and premeditated intent to kill with malice aforethought.' " (People v. Clark (2016) 63 Cal.4th 522, 624.)

"An intentional killing is premeditated and deliberate if it occurred as the result of preexisting thought and reflection rather than unconsidered or rash impulse." (People v. Stitely (2005) 35 Cal.4th 514, 543.) In this context, " 'premeditated' means 'considered beforehand,' and 'deliberate' means 'formed or arrived at or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of action.' " (People v. Mayfield (1997) 14 Cal.4th 668, 767.) "We normally consider three kinds of evidence to determine whether a finding of premeditation and deliberation is adequately supportedpreexisting motive, planning activity, and manner of killingbut '[t]hese factors need not be present in any particular combination to find substantial evidence of premeditation and deliberation.' " (People v. Jennings (2010) 50 Cal.4th 616, 645-646, quoting Stitely, at p. 543.)

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