How has the jury been instructed on a "deliberation and premeditation" theory of first degree murder?

California, United States of America


The following excerpt is from People v. Hicks, F073067 (Cal. App. 2019):

Here the jury was instructed on a "deliberation and premeditation" theory of first degree murder. In connection with this theory, it was told that "[a] decision to kill made rashly, impulsively, or without careful consideration is not deliberate and premeditated." (CALCRIM No. 521.) Further, as an alternative to the "deliberation and premeditation" theory of first degree murder, the jury was instructed on the lying in wait theory of first degree murder.6 (People v. Stanley (1995) 10 Cal.4th 764, 794 ["To prove first degree

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