Also known as: willful deliberate and premeditated · willful, deliberate, and premeditated · premeditated · willful and premeditated
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A formed intent to act after reflection and planning. The mental state requires that the actor weigh the decision and choose to proceed rather than act on sudden impulse.
A formed intent to act after reflection and planning. The mental state requires that the actor weigh the decision and choose to proceed rather than act on sudden impulse.
Select any source to read its text and confirm it supports the definition.
The quality of a defamatory statement that has been prepared and disseminated after reflection rather than spontaneously. Courts consider this quality, together with area of dissemination and persistence, when classifying a publication as libel rather than slander.
Select any source to read its text and confirm it supports the definition.
The quality of a defamatory statement that has been prepared and disseminated after reflection rather than spontaneously. Courts consider this quality, together with area of dissemination and persistence, when classifying a publication as libel rather than slander.
Each sense below has its own examples, sources, and questions.
Angelica told coworkers repeatedly over three weeks that her supervisor Ralph would not see tomorrow. On the morning of her disciplinary hearing she concealed a loaded pistol in her purse and brought it to the meeting. When Ralph announced her termination Angelica drew the pistol and shot him in the chest, showing that the killing was willful, deliberate and pre-meditated.
James spent days researching knife purchases and studying security camera diagrams after learning he had been removed from a project. The night before the incident he disabled hallway cameras at the office. He later returned with a fixed-blade knife and inflicted multiple stab wounds to Sheri's chest and neck, establishing that the killing was willful, deliberate and pre-meditated.
Claudia invited Bobby to a remote wind farm substation at night after he caused her to lose a bonus. She chose the unguarded elevated platform knowing its dangers and that no one else would be present. When Bobby repeated his criticism she shoved him off the platform to his death, demonstrating that the killing was willful, deliberate and pre-meditated.
Jade retrieved a fireplace poker before driving to a meeting with Chelsea to discuss her forced departure from the firm. She wrapped and concealed the poker during the drive. When Chelsea announced the termination and grabbed Jade by the collar Jade struck her once on the head with the poker, showing the killing was willful, deliberate and pre-meditated.
Bianca entered an operating room and took a scalpel shortly before encountering Carol in a busy corridor. After weeks of conflict over charting errors Bianca directed the scalpel at Carol's chest during their argument. The retrieval of the weapon in advance established that the stabbing was willful, deliberate and pre-meditated.
Planning steps such as researching weapons, disabling security devices, selecting a remote location, or concealing a weapon before the encounter demonstrate that the intent to kill was formed after reflection. Repeated statements of intent made calmly over days or weeks further support that the mental state was deliberate rather than sudden. The use of a deadly weapon against a vital area after such preparation permits an inference of premeditation.
Supporting sources
Bringing a weapon shows preparation that can support a finding of willful, deliberate and pre-meditated intent when the actor anticipates using deadly force. The inference is stronger when the weapon is concealed or selected in advance rather than obtained spontaneously. Courts weigh whether the preparation occurred well before any provocation arose.
Supporting sources
Windham Technologies emailed a detailed report accusing Maria of running a Ponzi scheme to thousands of subscribers. Analyst Gretchen had prepared the report over several days with careful research and editing before sending it. The wide area of dissemination combined with the deliberate and premeditated character of the publication established the statement as libel rather than slander.
A publication that is prepared in written form, disseminated widely, and created after reflection is classified as libel because of its deliberate and premeditated character. The persistence of the statement and the area of dissemination are additional factors that distinguish libel from slander. Spontaneous oral remarks lack these qualities and remain slander.
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…