What is the legal test for a jury to determine whether there is sufficient evidence of premeditation and deliberation for a completed first degree murder?

California, United States of America


The following excerpt is from People v. Tardy, C086572 (Cal. App. 2020):

"We do not distinguish between attempted murder and completed first degree murder for purposes of determining whether there is sufficient evidence of premeditation and deliberation." (People v. Herrera (1999) 70 Cal.App.4th 1456, 1462, fn. 8, disapproved on another ground in People v. Mesa (2012) 54 Cal.4th 191, 199.) " ' "In this context, 'premeditated' means 'considered beforehand,' and 'deliberate' means 'formed or arrived at or determined upon as a result of careful thought and weighing of considerations for and against the proposed 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." ' [Citations.] '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 . . . .' " (People v. Potts (2019) 6 Cal.5th 1012, 1027.)

Other Questions


What is the test for determining whether there is sufficient evidence of premeditation and deliberation for a conviction of completed first degree murder? (California, United States of America)
What is the test for determining whether there is sufficient evidence of premeditation and deliberation on appeal for completed first degree murder? (California, United States of America)
What is the test for determining there is sufficient evidence of premeditation and deliberation for a completed first degree murder? (California, United States of America)
What is the test for determining whether a murder that is premeditated and deliberated is murder of the first degree? (California, United States of America)
What is the test for a jury to determine whether a defendant committed a first degree murder by deliberate and premeditation? (California, United States of America)
What is the legal test for sufficiency of evidence to support a first degree murder judgment on a premeditation theory? (California, United States of America)
What is sufficient evidence of premeditation and deliberation to convict a defendant of first degree murder for shooting a man in the head with a crossbow? (California, United States of America)
In what circumstances was there sufficient evidence of premeditation and deliberation to sustain defendant's first degree murder conviction? (California, United States of America)
What is the test for determining whether there is evidence of premeditation and deliberation in a murder case? (California, United States of America)
What is the test for determining whether a murder committed in the perpetration or attempt to perpetrate rape is a murder of the first degree? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.