Criminal Law Consulting
​For Writers & Filmmakers
  • Home
  • About
  • Services
  • Resources
  • Blog
  • Contact
  • Free eBook

Premeditated Murder: What Does It Mean Exactly?

2/17/2012

10 Comments

 
Most people know that when someone commits murder that is willful, deliberate, and premeditated, that is murder in the first degree.  That is generally considered the worst kind of murder and carries the highest penalties.

But what exactly do "willfulness," "deliberation," and "premeditation" mean?  They each have distinct legal definitions that may not be exactly what you think.

Willful simply means on purpose.  Someone commits murder willfully when he or she intends to kill.  He or she kills on purpose.

Deliberate means to to carefully weigh the considerations for and against killing, and to choose to kill knowing the consequences.

Premedite means to decide to kill before taking action.  A murder is premeditated if the killer decides to kill before actually killing.

Most people think these words and definitions imply a lengthy and considered decision-making process.  However, a person can deliberate and premeditate in a very short amount of time. 

Depending on all the circumstances, mere seconds can suffice for someone to arrive at a thought-out -- premeditated and deliberate -- decision to kill.

As discussed in this article explaining states of mind, it can be very difficult to determine a defendant's state of mind (or mens rea).  It is almost always determined by circumstantial evidence. 

Things like the manner of killing, any planning activity, and motive, can be powerful circumstantial evidence of the killer's state of mind.

Check out this article exploring the difficulties of determining the defendant's state of mind in a case where a middle school student shot another student in the head during class.

To get information like this sent to your inbox, join the Criminal Law Community for free.
10 Comments
Rupert
2/15/2013 07:19:37 am

All criminal infomation

Reply
Zoe Hanson link
10/2/2013 02:02:31 pm

Your blog was so simple, I went ahead and created one too, thank you.

Reply
Kelly Hertzog
5/24/2016 11:27:32 am

Hi I'm Kelly. I am a 45 Yr old with Multiple heart conditions, I had my 3rd open heart surgery in 2014. I started living with my fiancee Larry and his 27 year old daughter Samantha. About a month ago, Samantha started SCREAMING at me. Calling me awful words. I was quite upset, that night I had my first Heart Attack. Then yesterday, she threatened to "Kill me!" Again screaming. I am handicapped. I am sure that she's doing this with now knowing that I had a h earth attack. what if she sucseeds?

Reply
John Doe link
3/28/2018 07:46:53 am

Fight back if she tries.

Reply
Bentley link
12/11/2020 07:09:23 pm

Nice post tthanks for sharing

Reply
Matthew Saccio link
8/28/2021 04:58:37 pm

Premeditated murder by the time I get help I will be dead Matthew saccio has a body sensor in him thats 10 plus years of pain and Michael Saccio are the ones to look into as my family has been able to get a killer device in me back in 1999 its 2021 and no help

Reply
RONALD THOMPSON
5/10/2022 05:51:55 pm

HELLO MY NAME IS RONALD THOMPSON AND MY GRANDMOTHER WAS AT THIS NURSING HOME AND THE NURSES AT THE NURSING HOME WAS CAUSING HER SO MUCH PROBLEM TO THE POINT SHE CALLED MY UNCLE TO SEE IF HE CAN COME THERE TO SET THE PEOPLE STRAIGHT ON HOW THEY WAS TREATING HER. SO A WEEK LATER MY GRANDMA TOLD ME THE NURSES WAS TRYING TO TELL HER BECAUSE THEY WASN'T GIVING HER THE OXYGEN THAT SHE NEEDED. SO WHAT HAPPEN MY GRANDMA WASN'T ABLE TO BREATHE WENT INTO TO A COMA AND DIED. SO WHAT TYPE OF SENTENCE SHOULD THE PEOPLE INVOLVED RECEIVE.

Reply
Mr Q.
9/19/2023 01:36:51 pm

Chill.

Reply
Irma tutana
4/5/2024 12:39:22 pm

My brother passed away,it's not 24 hours yet and my sister in law settled for funeral already while my brother was in ICU..n by that she ( my sister in law) planned to end my brother's life by unplugging his ventilator n my brother was given morphine..so, he can just die quietly like a dog..euthanasia. There is for me a premeditated murder..she planned,implemented and it caused death.

Reply
RONALD THOMPSON link
4/5/2024 01:25:24 pm

BASED ON WHAT I WROTE ON 5-10-2022 WAS MY GRANDMA DEATH PREMEDITATED.

Reply



Leave a Reply.

    Get your FREE E-Book revealing The Top 7 Mistakes Made by Writers of Crime, Mystery and Legal Drama:
    Send My Free E-Book!

    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

    Categories

    All
    Appeals
    Burden Of Proof
    Celebrity Crime
    Common Questions
    Constitution
    Consulting Services
    Courtroom
    Crime In The News
    Crime Novels
    Crime Tv
    Death Penalty
    Defenses
    Evidence
    Extortion
    Hate Crimes
    International Crime
    Juvenile Crime
    Legal Comedy
    Legal Definitions
    Legal Drama
    Manslaughter
    Movies
    Murder
    Search And Seizure
    Serial Killers
    Sex Crimes
    Supreme Court
    Trial
    True Crime
    Writing Tips

    RSS Feed

      Get Email Updates

    Join!
    Loading
Powered by Create your own unique website with customizable templates.