What is the test for a murder in the first degree?
California, United States of America
The following excerpt is from People v. Booker, 11 Cal. Daily Op. Serv. 847, 119 Cal.Rptr.3d 722, 245 P.3d 366, 51 Cal.4th 141 (Cal. 2011):
A murder that is willful, deliberate, and premeditated is murder in the first degree. ( 189.) " '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.] "The process of premeditation 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....' [Citations.]" ' [Citation.]" ( People v. Harris (2008) 43 Cal.4th 1269, 1286-1287, 78 Cal.Rptr.3d 295, 185 P.3d 727.)
[51 Cal.4th 173]
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