Also known as: premeditate · premeditates · premeditated · premeditating · premeditated murder
Written by attorneys · grounded in primary & secondary sources — see below
A deliberate decision to kill formed prior to the homicidal act. The element distinguishes first-degree murder from second-degree murder in jurisdictions that grade homicide by degree. It is shown by evidence of planning, preparation, or reflection before the killing occurs.
NationalStyle created a large in-store poster and matching social media graphic accusing former manager Harper of embezzlement. The materials were prepared in advance, distributed widely to customers and employees, and left visible for an extended period. A court evaluating whether the statements constitute libel considers the deliberate and premeditated character of the publication along with its area of dissemination and persistence.
James spent several days researching knife purchases and viewing security-camera diagrams after learning he would be replaced on a project. The night before the confrontation he disabled hallway cameras at the office. When he later stabbed Sheri multiple times in vital areas during their argument, the prior steps supply evidence that he formed a deliberate intent to kill before the act.
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Mateo had feuded with Captain Lewis for months and stated that the captain would get what was coming during the next storm. Before a forecasted gale Mateo secretly cut only Lewis's safety line. When Lewis was swept overboard and drowned, the targeted preparation supports a finding that Mateo acted with a formed intent to kill.
Claudia invited coworker Bobby to a late-night repair on an elevated unguarded platform at a remote substation after he caused her to lose a bonus. She chose the isolated, hazardous site knowing no one else would be present. When she shoved him to his death during their argument, the advance selection of conditions designed to produce a fatal fall shows premeditation.
Bianca retrieved a scalpel from an operating room shortly before confronting nurse Carol in a corridor. After weeks of clashes over charting errors, Bianca directed the scalpel at Carol's chest during their argument. The deliberate arming with a deadly instrument aimed at a vital area permits an inference of intent to kill formed before the stabbing.
Jade retrieved and concealed a fireplace poker before driving to a prearranged meeting with managing partner Chelsea. When Chelsea grabbed and slapped her during the termination discussion, Jade immediately struck Chelsea on the head with the poker. The prior retrieval and concealment of the weapon support a finding that Jade formed a deliberate intent to kill before the confrontation escalated.
Premeditation requires a deliberate decision to kill formed before the act, whereas second-degree murder requires only an intent to kill without that prior deliberation. Evidence of planning, preparation, or reflection distinguishes the two grades of murder.
Supporting sources
Yes. When a defendant intentionally uses a deadly weapon directed at a vital part of the victim's body, the factfinder may infer an intent to kill formed before the act. The inference satisfies the premeditation element for first-degree murder.
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No. Prior planning or preparation such as researching weapons, disabling cameras, or selecting a hazardous location can establish premeditation even if the final confrontation occurs during an argument. The key is whether the intent to kill was formed before the killing act.
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Premeditation supplies the malice aforethought required for murder. Voluntary manslaughter reduces an intentional killing to a lesser offense only when it occurs in the heat of passion upon adequate provocation before a reasonable cooling-off period. Advance planning or arming undercuts a heat-of-passion claim.
Supporting sources
…be the most unnatural, and it is by this present Assembly declared, to be that, wherein he that doth it, kills himself out of a premeditated hatred against his own life or other humor:. . . his goods and chattels are the king's custom, but not his debts nor lands; but in case he be an infant, a lunatic, mad or distracted man, he…