What is the test for deliberation in a murder case?

California, United States of America


The following excerpt is from People v. Delatorre, C052953 (Cal. App. 3/21/2008), C052953 (Cal. App. 2008):

Over defense counsel's objection, the trial court further explained the concept for the jury, using language from People v. Cordero (1989) 216 Cal.App.3d 275 at page 281 (hereafter Cordero) as follows: "Homicides occur in diverse factual settings and the thought processes invoked by assailants are varied. In many instances, an assailant will contemplate consequences to both the victim and to his or her own future. In other cases, the deliberation will simply involve consequences to a third party or even an idea or strongly held principle. [] When a slayer chooses killing over another course of action, the results occasioned by that course of action can be enumerable. [] The slayer need not have in mind all or any particular type of consequence. He may reflect on several consequences, but it is not a requirement that there be reflection about more than one consequence. [] A finding of deliberation may be based on any one consequence."

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