What is the test for a first degree murder?
California, United States of America
The following excerpt is from People v. Canales, B262949 (Cal. App. 2016):
"There is no question that [defendant] was the perpetrator. The only question is the circumstances under which the murder occurredthat is, whether it was premeditated and deliberate." (People v. Perez, supra, 2 Cal.4th at pp. 1120-1121.) First degree murder is "willful, deliberate, and premeditated killing . . . . All other kinds of murders
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Other Questions
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
Does the trial court have a duty to instruct the jury as to the elements of first degree murder and the required mens rea for first-degree murder? (California, United States of America)
How have courts reduced a convicted first-degree murderer's sentence to second-degree murder? (California, United States of America)
What is the test for reducing first degree murder to second degree murder? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
Can provocation reduce first degree murder to second degree murder? (California, United States of America)
Can a charge of murder be used to establish first degree murder under the felony-murder rule? (California, United States of America)
What is the definition of first degree murder and what is second degree murder? (California, United States of America)
Does a court have a duty to instruct a sua sponte on the provocation that would reduce first degree murder to second-degree murder? (California, United States of America)
Does intoxication or heat of passion render a killing a second degree murder rather than a first degree murder? (California, United States of America)
