What is the test for determining whether a defendant acted deliberately or premeditated in an assault?

California, United States of America


The following excerpt is from People v. Franklin, B238804 (Cal. App. 2013):

The jury was instructed that "[t]he defendant acted willfully if he intended to kill when he acted. The defendant deliberated if he carefully weighed the considerations for and against his choice and, knowing the consequences, decided to kill. The defendant premeditated if he decided to kill before acting." (CALCRIM No. 601.) The jury was told that the "length of time the person spends considering whether to kill does not alone determine whether the attempted killing is deliberate and premeditated." (Ibid.; see People v. Koontz (2002) 27 Cal.4th 1041, 1080.)

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