Multistate Bar Examination Practice Question

The correct answer is first-degree murder because the facts indicate both premeditation and deliberation. The defendant left the scene to retrieve a firearm, which demonstrates a conscious decision to arm themselves for a specific purpose. The act of contemplation in the time it took to retrieve the weapon constitutes deliberation, showing that the killing was not impulsive.

Second-degree murder is incorrect because that crime lacks the element of premeditation and deliberation. While it would apply to intentional killings done in the heat of the moment, here, the decision to kill is marked by a cooling-off period. Voluntary manslaughter arises when a killing is committed in the heat of passion caused by provocation, but the defendant’s cooled-off decision to retrieve the firearm negates this heat of passion argument. Finally, involuntary manslaughter involves reckless or negligent killings, which are clearly inapplicable to the facts of an intentional homicide.