What is sufficient to sustain a finding of premeditation and deliberation in a first degree murder case?

California, United States of America


The following excerpt is from People v. Crandell, 251 Cal.Rptr. 227, 46 Cal.3d 833, 760 P.2d 423 (Cal. 1988):

Evidence sufficient to sustain a finding of premeditation and deliberation "falls into three basic categories: (1) facts about how and what defendant did prior to the actual killing which show that the defendant was engaged in activity directed toward, and explicable as intended to result in, the killing--what may be characterized as 'planning' activity; (2) facts about the defendant's prior relationship and/or conduct with the victim from which the jury could reasonably infer a 'motive' to kill the victim, which inference of motive, together with facts of type (1) or (3), would in turn support an inference that the killing was the result of a 'pre-existing reflection' and 'careful thought and weighing of considerations' rather than 'mere unconsidered or rash impulse hastily executed' [citation]; (3) facts about the nature of the killing from which the jury could infer that the manner of killing was so particular and exacting that the defendant must have intentionally killed according to a 'preconceived design' to take his victim's life in a particular way for a 'reason' which the jury can reasonably infer from facts of type (1) or (2)." (People v. Anderson (1968) 70 Cal.2d 15, 26-27, 73 Cal.Rptr. 550, 447 P.2d 942, original italics.)

A verdict of first degree murder based on premeditation and deliberation will be sustained "when there is evidence of all three types" or "extremely strong evidence of (1) or evidence of (2) in conjunction with either (1) or (3)." ( People v. Anderson, supra, 70 Cal.2d at p. 27, 73 Cal.Rptr. 550, 447 P.2d 942.) Here the [46 Cal.3d 868] evidence presented included all three categories, and the evidence in categories (2) and (3) was undoubtedly sufficient to sustain the judgment.

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