Which of the following best states the relationship between intent to kill, premeditation, and deliberation under the traditional common-law definition of first-degree murder?
Select one answer.
Deliberation exists whenever the defendant consciously desires the victim's death, even if the decision is made in the heat of passion.
An intent to kill formed even an instant before the fatal act can satisfy premeditation if the defendant had time, however brief, to reflect on the decision.
Premeditation requires at least several minutes of planning before the killing occurs.
Premeditation is established only when the defendant procured the weapon or lured the victim to the scene well in advance of the homicide.
Premeditation refers to the formation of a specific intent to kill before the act, and deliberation requires that the defendant reflect on that choice with a cool mind. Courts generally hold that the reflection can occur in a very short period-even an instant-so long as the decision is not the product of sudden passion. Therefore, a killing carried out moments after calmly deciding to kill is treated as premeditated and deliberate first-degree murder; a purely impulsive or heat-of-passion killing is not.
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What is the difference between premeditation and deliberation?
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What constitutes adequate provocation that could negate premeditation?