Multistate Bar Examination Practice Question

A defendant was charged with first-degree murder after fatally shooting a victim during a heated argument. Evidence presented at trial showed that during the argument, the defendant retrieved a loaded firearm from a locked safe and returned to confront the victim, who was standing unarmed nearby. After the argument resumed, the defendant fired three shots, killing the victim. Which of the following best demonstrates whether the defendant's actions involved premeditation and deliberation?

  • The defendant retrieved a firearm from a locked safe before confronting the victim.

  • The argument escalated emotionally, leading the defendant to fire multiple shots.

  • The defendant did not have a documented history of violent behavior toward the victim.

  • The victim’s provocative statements caused the defendant to act out of strong emotions.

Multistate Bar Examination
Criminal Law and Procedure
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