What is the standard of evidence required to sustain a finding of premeditation and deliberation in a murder trial?

California, United States of America


The following excerpt is from People v. Daniels, 277 Cal.Rptr. 122, 52 Cal.3d 815, 802 P.2d 906 (Cal. 1991):

The court refused to give an instruction, based on People v. Anderson (1968) 70 Cal.2d 15, 26-27, 73 Cal.Rptr. 550, 447 P.2d 942, which would have told the jurors that "[t]he type of evidence which the courts have found proper to sustain a finding of premeditation and deliberation falls into three basic categories:" (1) evidence of planning activity, (2) evidence of motive, and (3) inferences based on the nature of the killing. "A finding of premeditation and deliberation may occur where there is evidence of all ... types ... and otherwise requires at least strong evidence of type one or evidence of [type] two in conjunction with either type one or three." 23

Other Questions


What is the standard of evidence required to sustain a premeditated and deliberate murder? (California, United States of America)
What is the test for a finding that there is insufficient evidence of premeditation and deliberation to support a finding of first-degree murder? (California, United States of America)
What is the standard of review on appeal of the evidence supporting the finding of premeditated and deliberate murder? (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)
What is the standard for a finding of premeditation and deliberation in the context of an attempted first-degree murder case? (California, United States of America)
What evidence supports a finding of premeditation and deliberation for first degree murder? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is sufficient to sustain a finding of premeditation and deliberation in a first degree murder case? (California, United States of America)
What is the test for a finding of premeditation and deliberation in a murder trial? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.