What is the test for a prosecutor's theory of first degree murder based upon premeditation and deliberation?
California, United States of America
The following excerpt is from People v. Frandsen, B191189 (Cal. App. 9/11/2007), B191189 (Cal. App. 2007):
The prosecutor's theory of first degree murder was based upon premeditation and deliberation. Premeditation requires that the act be considered beforehand. Deliberation requires careful thought and weighing of considerations for and against the act. (People v. Mayfield (1997) 14 Cal.4th 668, 767.)
A person aids and abets the commission of a crime when he or she, with knowledge of the unlawful purpose of the perpetrator, and with the intent or purpose of committing, facilitating or encouraging commission of the crime, by act or advice, aids, promotes, encourages or instigates the commission of the crime. (People v. Prettyman (1996) 14 Cal.4th 248, 259; People v. Beeman (1984) 35 Cal.3d 547, 561.) The jury may consider facts such as presence at the scene of the crime and companionship and conduct before and after the offense, including flight, in deciding whether a person knew of the perpetrator's intentions and intended to facilitate or encourage the crime. (People v. Mitchell (1986) 183 Cal.App.3d 325, 330.)
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