Can a jury find premeditation, deliberation or malice?
California, United States of America
The following excerpt is from People v. Arcega, 186 Cal.Rptr. 94, 32 Cal.3d 504, 651 P.2d 338 (Cal. 1982):
Appellant further contends, however, that the jury could not have found premeditation, deliberation, or malice in light of the evidence of diminished capacity. This contention would require the jury and this court to accept without question all of the evidence most favorable to[32 Cal.3d 520] appellant on this issue and to disregard the unfavorable. The law is to the contrary. (People v. Johnson, supra, 26 Cal.3d at pp. 576-577, 162 Cal.Rptr. 431, 606 P.2d 738.)
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