What is the test for deliberation and premeditation in a motor vehicle accident?
California, United States of America
The following excerpt is from People v. Lopez, G050281 (Cal. App. 2015):
The prosecutor misstated the law. Deliberation and premeditation do not mean the defendant merely had the time or the chance to think about the consequences of his or her course of action. Deliberation and premeditation mean the defendant actually did think over his or her actions in advance and did carefully weigh the considerations in forming a course of action. (People v. Koontz, supra, 27 Cal.4th at p. 1080.)
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