Is a murder that is premeditated and deliberated a murder of the first degree?

California, United States of America


The following excerpt is from People v. Hoffman, A139699 (Cal. App. 2014):

2. " 'Murder that is premeditated and deliberated is murder of the first degree.' [Citation.] The very definition of 'premeditation' encompasses the idea that a defendant thought about or considered the act beforehand. ' " '[P]remeditation' means thought over in advance," ' and ' " '[d]eliberation' refers to careful weighing of considerations in forming a course of action . . . ." ' [Citation.] '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. Pearson (2013) 56 Cal.4th 393, 443.)

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