What is the test for a jury to convict a defendant of deliberate and premeditated first degree murder?
California, United States of America
The following excerpt is from People v. Jacob, C076124 (Cal. App. 2018):
" 'A verdict of deliberate and premeditated first degree murder requires more than a showing of intent to kill. [Citation.] "Deliberation" refers to careful weighing of considerations in forming a course of action; "premeditation" means thought over in advance. [Citations.]' (People v. Koontz (2002) 27 Cal.4th 1041, 1080.) ' "Premeditation and deliberation can occur in a brief interval. 'The test is not time, but
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reflection. "Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly." ' " ' " (People v. Solomon (2010) 49 Cal.4th 792, 812.)
" 'An intentional killing is premeditated and deliberate if it occurred as the result of preexisting thought and reflection rather than unconsidered or rash impulse.' " (People v. Pearson (2013) 56 Cal.4th 393, 443.)
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