A defendant sees an acquaintance, whom he had been feuding with for months, at a party. The defendant immediately decides to kill the acquaintance. He retrieves a weapon from his car, calmly waits for an opportunity, and then attacks, causing the acquaintance's death. What distinguishes this killing as premeditated and deliberate?
The killing occurred in the heat of passion caused by an intense emotional provocation.
The defendant had time to reflect on the intent to kill and acted with a cool and purposeful mind.
The defendant's actions were the result of a reckless disregard for human life.
The defendant formed the intent to kill at the moment of attacking the victim.
This killing is classified as premeditated and deliberate because the defendant had the opportunity for reflection after forming the intent to kill but nonetheless followed through with the act. Premeditation involves the formation of a specific intent to kill prior to the act, while deliberation requires the defendant to make the decision with a cool and purposeful mind, rather than acting impulsively or in the heat of passion. Incorrect answers misunderstand or conflate the concepts of premeditation and deliberation or suggest circumstances that would negate these factors.
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Criminal Law and Procedure
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