What are the elements of deliberation in a murder case?

California, United States of America


The following excerpt is from People v. Delacruz, E064648 (Cal. App. 2017):

deliberation. They are: "(1) planning activity (i.e., facts about what the defendant did prior to the killing that show he was engaged in activity directed toward killing); (2) motive (i.e., facts about the defendant's prior relationship with the victim from which the jury could reasonably infer a motive to kill the victim); and (3) method (i.e., facts about the manner of the killing from which the jury could reasonably infer that defendant had a preconceived design to take the victim's life in a particular way." (People v. Shamblin (2015) 236 Cal.App.4th 1, 10.)

Other Questions


What is the test for deliberate, deliberate, and/or deliberation in the context of an attempted murder case? (California, United States of America)
What are the elements of premeditation and deliberation in a murder case? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
What is the test for deliberate, deliberate or even deliberate action in an assault case? (California, United States of America)
Can a defendant be convicted of attempted murder if the prosecution fails to allege deliberate, deliberate and premeditated murder? (California, United States of America)
Is there a difference between a jury convicted of attempted murder and a verdict of deliberate, deliberate and intentional murder? (California, United States of America)
How have the jury been instructed to interpret the meaning of deliberate deliberate deliberate use of the word "deliberately" in the dictionary? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Does the statutory elements of conspiracy to commit murder include all of the elements of attempted murder? (California, United States of America)
What is the test for premeditation and deliberation in a murder case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.