I have never thought this was premeditated. I think there was an argument and a struggle and Dylan lost sadly
However, within the law,
premeditation can be formed within a minute or less. It does not have to be months of planning, weeks or even days. It can be any amount of time that it takes a person to decide to continue their actions that is intended to cause the other person's death.
In Colorado,
first degree murder must commonly occur in one of three manners: (1) intentional murder where the person
after deliberation and with intent to cause the death of a person, does cause the death of that person or of another person; (2) felony murder, which means that someone was killed in the course of another crime such as arson, robbery, burglary, kidnapping, and sexual assault; (3) extreme indifference murder where the person does not target anyone in particular but given his extreme indifference to life generally he engages in conduct that creates a grave risk of death to a person, and thereby causes the death of another.
In
The People of the State of Colorado vs. William V. Sneed, the appellate court held that premeditation required deliberation and reflection to create the premeditated intent before the act.
This means that between the forming of the intent to do the act and the act itself,
an appreciable length of time must have elapsed to allow deliberation, reflection and judgment.
U.S. v. Mack, 466 F.2d 333 (D.C. Cir.)
From Colorado State Law, I picked out some of the words/concepts that we were already discussing and then some we may be looking at in the future:
Abduction: To take someone away from a place without that person's consent or by fraud.
Accomplice: A person who knowingly and voluntarily unites with the principal offender in a criminal act through aiding, abetting, advising, or encouraging the offender. Mere presence, acquiescence, or silence, in the absence of a duty to act is not enough to constitute being an accomplice.
http://www.courts.state.co.us/Glossary.cfm
Child abuse: Defined by state statutes. Usually occurs when a parent purposefully harms a child.
Child neglect: Defined by state statutes. Usually arises from a parent's passive indifference to a child's well-being, such as failing to feed a child or leaving a child alone for an extended time.
Childrens trust: A trust set up as part of a will or outside of a will to provide funds for a child.
Circumstantial evidence: All evidence of an indirect nature that implies something occurred but does not directly prove it.
Civil action: Action brought to enforce, redress, or protect private rights. In general, all types of actions other than criminal proceedings
: The level of proof sometimes required in a civil case for the plaintiff to prevail. Is more than a preponderance of the evidence but less than beyond a reasonable doubt.
Conspiracy: An agreement between two or more persons to commit a criminal act. Those forming the conspiracy are called conspirators.
Double jeopardy: The constitutional prohibition against a second prosecution of a person for the same crime.
Duress: Where a person is prevented from acting (or not acting) according to their free will, by threats or force of another, it is said to be "Under duress"
Evidence: The testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.
Fugitive: One who runs away to avoid arrest, prosecution or imprisonment.
Grand jury: A panel of members of the public chosen from regular jury pool lists. This panel determines whether there is probable cause to try an accused for a serious crime. Any charges issued by a grand jury are called indictments.
Impaired mental condition: A condition of mind, caused by mental disease or defect, which does not constitute insanity but prevents the person form forming the culpable mental state which is an essential element of the crime. If found not guilty because of impaired mental condition, the person is committed to the Department of Institutions.
Indictment: A written statement, presented by a grand jury to the district court, which charges the commission of a crime by an alleged offender.
Kidnapping: The unlawful taking and carrying away of a human being by force and against his or her will.
Manslaughter: The unlawful killing of another without malice; may be either voluntary, upon sudden impulse, or involuntary.
Mens rea: Literally "guilty mind", the criminal intent to commit an act forbidden by statute. One of the two basic requirements, along with a prohibited act, which must occur for a crime to exist.
Opinion evidence: Evidence of what a witness thinks, believes, or infers as distinguished from personal knowledge of the facts. Generally, opinion evidence is admissible only when given by an expert unless the opinion is based on matters common to laypersons
Plea: Five pleas possible in criminal cases: (1) not guilty; (2) not guilty by reason of insanity; (3) not guilty because of impaired mental condition; (4) no contest; and (5) guilty.
Search warrant: An order in writing by a judicial officer, directing a law enforcement officer to search for and seize any property that constitutes evidence of the commission of a crime, contraband, the fruits of crime or things otherwise criminally possessed; or property designed or intended for use which is or has been used as the means of committing a crime. A search warrant may be issued upon an affidavit or sworn oral testimony.
Victim: Any person aggrieved by the conduct of an offender. For a complete listing of who may be considered a victim, please see Section 18-1.3-602(4) of the Colorado Revised Statutes.
http://www.courts.state.co.us/Glossary.cfm
I apologize for getting carried away!
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