What is the test for a jury to determine whether a defendant acted with deliberate premeditation in an attempted murder case?

California, United States of America


The following excerpt is from People v. Rojas, C058144 (Cal. App. 3/24/2009), C058144 (Cal. App. 2009):

In this case, there is no reasonable probability that defendant would have obtained a more favorable outcome had the jury been instructed on imperfect self-defense because the jury necessarily rejected defendant's version of the events which was the only evidence that even arguably would support a finding of imperfect self-defense. That is, the jury resolved the issue adversely to defendant when it determined that he acted with deliberate premeditation. (See People v. Melton, supra, 44 Cal.3d at p. 746.) The jury was instructed that if they found that "the attempted murder was preceded and accompanied by clear deliberate intent to kill which was the result of deliberation and premeditation so that it must have been formed upon preexisting reflection and not under a sudden heat of passion or other condition precluding the idea of deliberation, it is attempt to commit willful, deliberate and premeditated murder." (Italics added.) The court continued: "[A] mere unconsidered and rash impulse even though it includes an intent to kill, is not deliberation and premeditation. To constitute willful, deliberate and premeditated attempted murder, the would-be slayer must weigh and consider the question of killing and reasons for and against such a choice and having in mind the consequences, decides to kill and makes a direct but ineffectual act to kill another human being." (Italics added.) Based upon these instructions, the jury found that defendant committed the crime of attempted murder with "premeditation and deliberation."

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