What is the test for a jury to convict a defendant of deliberate and deliberate murder?

California, United States of America


The following excerpt is from People v. Sa, A119779 (Cal. App. 4/28/2009), A119779 (Cal. App. 2009):

Premeditated murder is murder in the first degree. (Pen. Code, 189.) "`"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, `we require either very strong evidence of planning, or some evidence of motive in conjunction with planning for a deliberate manner of killing.' [Citation.] But these categories of evidence . . . 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.'"'" (People v. Prince (2007) 40 Cal.4th 1179, 1253.) "These factors are not the exclusive means, however, to establish premeditation and deliberation; for instance, `an execution-style killing may be committed with such calculation that the manner of killing will support a jury finding of premeditation, and deliberation, despite little or no evidence of planning and motive.' " (People v. Tafoya (2007) 42 Cal.4th 147, 172, quoting People v. Lennart (2004) 32 Cal.4th 1107, 1127.)

"A verdict of deliberate and premeditated first degree murder requires more than a showing of intent to kill . . . . `Deliberation' refers to careful weighing of considerations in forming a course of action; `premeditation' means thought over in advance. [Citations.] `The process of premeditation and deliberation does not require any extended period of time. "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. Koontz (2002) 27 Cal.4th 1041, 1080.)

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