Also known as:deliberate, premeditated · deliberately and with premeditation · premeditation and deliberation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in tort law
The planned and intentional nature of a publication's preparation and distribution. This quality, together with the area of dissemination and the persistence of the defamation, helps determine whether a publication carries the harmful qualities of written or printed words and therefore qualifies as libel rather than slander.
2
in criminal law
A mental state in which a person forms an intent to kill after some period of reflection and consideration. This state of mind distinguishes first-degree murder from second-degree murder in jurisdictions that grade murder by degree.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in tort law
The planned and intentional nature of a publication's preparation and distribution. This quality, together with the area of dissemination and the persistence of the defamation, helps determine whether a publication carries the harmful qualities of written or printed words and therefore qualifies as libel rather than slander.
Sources & Authorities· 3 sources
Select any source to read its text and confirm it supports the definition.
Restatements
Practice Essays
Practice Questions
Examples1
Newsletter Reaches Wider Audience
Diana Delgado, an executive at Dixon Foods, attended a single partnership meeting where the president made an oral accusation of selling tainted products. Two weeks later the partnership mailed a printed newsletter containing the identical accusation to two hundred members and retained copies in its permanent files for a year. The court treats the newsletter as libel because the advance decision to reproduce the accusation in printed form, the tenfold increase in recipients, and the year-long retention demonstrate the deliberate and premeditated character of the publication.
Frequently Asked2
How does the deliberate and premeditated character of a publication affect the libel-slander distinction?+
Courts examine whether the publisher made an advance decision to reproduce defamatory content in printed or durable form rather than leaving it as a spoken remark. When the publication is planned, reaches a larger audience, and remains available for later reference, the communication acquires the harmful qualities of written words and is classified as libel.
Supporting sources
Does advance preparation of notes before an oral statement convert the statement into libel?+
Preparation alone does not convert spoken words into libel unless the notes are shared or the statement is otherwise embodied in a durable medium. The Restatement factors focus on whether the final publication itself demonstrates deliberate planning, wider dissemination, and persistence that give it the qualities of written words.
Sense 2
2
in criminal law
A mental state in which a person forms an intent to kill after some period of reflection and consideration. This state of mind distinguishes first-degree murder from second-degree murder in jurisdictions that grade murder by degree.
Sources & Authorities· 2 sources
Select any source to read its text and confirm it supports the definition.
Practice Questions
Examples5
Tenant Struck With Brick
Derek Douglas cornered a tenant against a wall during an argument over unpaid rent. After shouting that he was done being disrespected, Derek lifted a heavy brick and smashed it into the tenant's temple. A jury may infer that Derek acted with deliberate and premeditated intent to kill because he chose a deadly weapon and directed it at a vital area after a period of mounting anger.
Woodson v. North Carolina428 U.S. 280, 96 S.Ct. 2978, 49 L.Ed.2d 944 (1976)
Mentally Impaired Defendant
Demetrius Douglas, who has an intellectual disability, killed a neighbor after a dispute. Because the defendant lacks the capacity for meaningful reflection, the state may not impose the death penalty even though the killing was intentional. The absence of deliberate and premeditated reflection precludes capital punishment under the Eighth Amendment.
Frequently Asked3
What must the prosecution prove to establish deliberate and premeditated murder?+
The prosecution must show that the defendant formed an intent to kill after some reflection, however brief, rather than acting in an instantaneous heat of passion. Evidence of planning, choice of a deadly weapon aimed at a vital area, or statements indicating prior consideration can support the finding.
Supporting sources
Does adequate provocation negate deliberate and premeditated conduct?+
Yes. When a defendant kills in the heat of passion upon adequate provocation without time to cool, the law treats the killing as voluntary manslaughter rather than first-degree murder. The sudden emotional response precludes the reflection required for deliberate and premeditated murder.
Dustin Donovan saw his brother shoved from a scaffold and immediately seized a wrench to beat the attacker to death. The sudden attack on a close relative supplied adequate provocation. Donovan therefore lacked the deliberate and premeditated state of mind required for first-degree murder and may be convicted only of voluntary manslaughter.
Mullaney v. Wilbur421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975)
Alley Struggle With Ice Pick
Delilah Duran and another man wrestled a victim to the ground after an argument. Duran struck the victim on the head while the accomplice stabbed him repeatedly with an ice pick. The coordinated and repeated blows permit a finding that the defendants acted with deliberate and premeditated intent to kill rather than in sudden rage.
Harris v. United States375 A.2d 505, 508 (D.C. 1977)
Stabbing After Pistol Theft Claim
Daniel Diaz grabbed the victim from behind while his companion held the victim by the neck. Diaz stated that the victim had stolen a pistol and was going to be killed. The accomplice then stabbed the victim repeatedly. The advance statement and the division of roles support a finding of deliberate and premeditated conduct.
United States v. Alexander471 F.2d 923 (D.C. Cir. 1972)
Can a defendant with an intellectual disability be convicted of deliberate and premeditated murder?+
A defendant with an intellectual disability may still be convicted of murder if the evidence shows intent to kill. However, the Eighth Amendment prohibits imposition of the death penalty on such defendants because their reduced capacity for reflection and moral culpability makes capital punishment disproportionate.
Supporting sources
premeditation and deliberation
, and the trial court therefore erred in denying his motion for a judgment of acquittal on the charge of first-degree murder. We do not agree. The fundamental distinction between first and…
TortsOther torts · Claims based on defamation and invasion of privacy, defenses, and constitutional limitationsUBEFoundational