What is the standard of evidence required to sustain a premeditated and deliberate murder?

California, United States of America


The following excerpt is from People v. Fifita, B276521 (Cal. App. 2018):

As summarized in People v. Elliot (2005) 37 Cal.4th 453, " 'Generally, there are three categories of evidence that are sufficient to sustain a premeditated and deliberate murder: evidence of planning, motive, and method. [Citations.] When evidence of all three categories is not present, "[a reviewing court] requires either very strong evidence of planning, or some evidence of motive in conjunction with planning or a deliberate manner of killing." ' " (Id. at p. 470.) " 'But these categories of evidence . . . "are descriptive, not normative." [Citation.] They are simply an "aid [for] reviewing courts in assessing whether the evidence is supportive of an inference that the killing was the result of preexisting reflection and weighing of considerations rather than mere unconsidered or rash impulse." ' " (Id. at pp. 470-471.)

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