Question

How might a prosecutor establish premeditation in a case where the defendant killed the victim without a plan to kill and without deciding to commit the murder or deliberating the issue "ahead of time?" Permalink Reply

Answer 1

Someone premeditates a crime by considering it before committing it. Premeditation requires that the defendant think out the act, no matter how quickly—it can be as simple deciding to pick up a hammer that is lying nearby and to use it as a weapon.

Time alone doesn’t determine whether a defendant premeditated and deliberated. All premeditation and deliberation require is the time it takes to form the intent, ponder the crime, and then act. Defendants can premeditate and deliberate in a matter of minutes, as long as the thought process occurs before the act.

There is no specific formula for determining whether a defendant premeditated and deliberated before acting. Courts and juries will consider the circumstances of each case.

EXAMPLE: A defendant convicted of first degree murder for strangling a victim with a lamp cord premeditated the murder. The evidence showed that the defendant repositioned the cord around the victim’s neck numerous times, each time giving him the opportunity to reflect on his actions. The defendant had also had time to consider his actions during a struggle with the victim prior to the strangulation, further proving premeditation

And "The law of homicide" is always applicable here