Homicide - Premeditation, deliberation

Learning Outcomes

After reading this article, you will be able to define premeditation and deliberation in homicide, distinguish them from intent, and identify how they are proven in first-degree murder cases. You will also recognize common exam pitfalls and apply the correct analysis to MBE-style scenarios involving degrees of murder.

MBE Syllabus

For MBE, you are required to understand the role of premeditation and deliberation in homicide, especially as they relate to first-degree murder. This article covers:

• The distinction between intent, premeditation, and deliberation in homicide.
• The requirements for first-degree murder under common law and typical statutes.
• How premeditation and deliberation are established and proven.
• The difference between first- and second-degree murder for exam purposes.
• Common exam traps and how to avoid them.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which of the following best describes "premeditation" in the context of first-degree murder?
   1. The intent to cause serious bodily harm.
   2. A conscious decision to kill, formed before the act.
   3. Killing in the heat of passion.
   4. Reckless disregard for human life.
2. To prove first-degree murder, the prosecution must generally show:
   1. Only that the defendant intended to kill.
   2. That the killing was accidental but foreseeable.
   3. That the defendant acted with premeditation and deliberation.
   4. That the defendant acted negligently.
3. Which scenario most likely lacks "deliberation" for first-degree murder?
   1. Defendant calmly plans and executes a killing.
   2. Defendant kills after careful reflection.
   3. Defendant kills in a sudden rage after provocation.
   4. Defendant waits for the victim to arrive before killing.

Introduction

Premeditation and deliberation are essential elements that distinguish first-degree murder from other forms of homicide. On the MBE, you must be able to identify when a killing rises to first-degree murder due to these factors, and when it does not.

The Role of Premeditation and Deliberation

First-degree murder typically requires proof that the defendant not only intended to kill but also acted with premeditation and deliberation. These elements raise a homicide from second-degree murder or manslaughter to the most serious form of criminal homicide.

Key Term: Premeditation Premeditation is the process of thinking about and planning a killing before carrying it out, even if only for a short time.

Key Term: Deliberation Deliberation means the defendant made a considered decision to kill, reflecting on the choice and weighing the consequences.

Distinguishing Premeditation and Deliberation from Intent

Intent to kill is present in both first- and second-degree murder. What sets first-degree murder apart is that the defendant formed the intent to kill after some period of reflection (premeditation) and made a conscious, rational decision (deliberation), rather than acting impulsively.

Proof of Premeditation and Deliberation

Premeditation and deliberation can be shown by direct or circumstantial evidence. The prosecution does not need to prove a lengthy planning period; even a brief moment of reflection can suffice if the defendant had time to think and chose to kill.

Common evidence includes:

• Planning activity before the killing.
• Motive to kill.
• Manner of killing suggesting a preconceived plan (e.g., lying in wait, use of poison).

Key Term: First-Degree Murder The most serious form of homicide, requiring proof of intent, premeditation, and deliberation under most statutes.

Distinguishing First- and Second-Degree Murder

Second-degree murder generally requires intent to kill but lacks premeditation and deliberation. Killings that occur impulsively, in the heat of passion, or without prior reflection are usually classified as second-degree murder.

Worked Example 1.1

A defendant waits outside the victim's home with a loaded gun. When the victim arrives, the defendant shoots and kills her. The prosecution argues the defendant acted with premeditation and deliberation.

Answer: The facts support premeditation and deliberation. The defendant waited for the victim, indicating planning, and had time to reflect before acting. This is likely first-degree murder.

Worked Example 1.2

During a heated argument, a defendant grabs a nearby object and strikes the victim, killing him instantly. The defendant had no prior plan to kill.

Answer: This scenario likely lacks deliberation. The killing was impulsive, without time for reflection. This would typically be second-degree murder, not first-degree.

Exam Warning

On the MBE, do not assume that intent alone is enough for first-degree murder. Look for facts showing the defendant had time to reflect and made a conscious decision to kill.

Revision Tip

If the facts mention planning, waiting, or a calm, rational decision to kill, consider premeditation and deliberation. If the killing is sudden or provoked, first-degree murder is unlikely.

Key Point Checklist

This article has covered the following key knowledge points:

• First-degree murder requires intent, premeditation, and deliberation.
• Premeditation is planning or reflection before the act, even if brief.
• Deliberation is a rational, considered decision to kill.
• Second-degree murder lacks premeditation and deliberation.
• Evidence of planning, motive, or manner of killing can prove premeditation.
• Sudden, impulsive killings are not first-degree murder.
• Exam questions often test the distinction between intent and premeditation.

Key Terms and Concepts

• Premeditation
• Deliberation
• First-Degree Murder