What is the test for deliberate and premeditated murder?
California, United States of America
The following excerpt is from People v. Rogers, C067770, Super. Ct. No. 09F07686 (Cal. App. 2013):
" ' "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.]" [Citation.] " 'Premeditation and deliberation can occur in a brief interval. "The test is not time, but reflection. 'Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly.' " ' " (People v. Mendoza (2011) 52 Cal.4th 1056, 1069.)
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