What constitutes deliberation and premeditation in a murder case?
California, United States of America
The following excerpt is from People v. Fifita, B294952, c/w B297071 (Cal. App. 2020):
"'"Deliberation" refers to careful weighing of considerations in forming a course of action; "premeditation" means thought over in advance.' [Citation.] 'The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly, but the express requirement for a concurrence of deliberation and premeditation excludes from murder of the first degree those homicides . . . which are the result of mere unconsidered or rash impulse hastily executed.' [Citation.]" (People v. Brooks (2017) 3 Cal.5th 1, 58.)
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