I'm not a big crime sleuther at all. I got sucked into this case because I happen to have been in Frederick/Berthoud Colorado the week of this crime, although I live in the SE US.
Can any of you help me understand the difference between "premeditated" and "after deliberation".... I have theories in my had that I want to work through in the event CW makes any kind of statement on 11/19..... I've googled the difference but it still is a blur to me!
One of our legal eagles will probably answer your question soon enough but I thought I'd have a crack at it and search around, this is what I found -
In
People v Felix, Justice O'Neill of the Court of Appeals of California wrote:
"
Premeditated means considered beforehand, and
deliberate means formed or arrived at or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of action.
"The process of premeditation and
deliberation does not require any extended period of time. The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly. The fundamental inquiry is whether a rational jury could have concluded that the crime occurred as a result of preexisting reflection rather than a rash or unconsidered impulse."
In
State v McGhee, Justice Heavican of the Supreme Court of Nebraska wrote:
"
Deliberate means not suddenly, not rashly, and requires that the defendant considered the probable consequences of his or her act before doing the act.
"The term
premeditated means to have formed a design to commit an act before it is done.
"One kills with premeditated malice if, before the act causing the death occurs, one has formed the intent or determined to kill the victim without legal justification.
"No particular length of time for premeditation is required, provided that the intent to kill is formed before the act is committed and not simultaneously with the act that caused the death. The time required to establish premeditation may be of the shortest possible duration and may be so short that it is instantaneous, and the design or purpose to kill may be formed upon premeditation and deliberation at any moment before the homicide is committed. A question of premeditation is for the jury to decide."
In
State v Stitt, Justice Robert Hunter of the Court of Appeals of North Carolina wrote:
"
First-degree murder is the unlawful killing of another human being with malice and with premeditation and
deliberation.
"A killing is
premeditated if the defendant formed the specific intent to kill the victim some period of time, however short, before the actual killing.
"A killing is
deliberate if the defendant acted in a cool state of blood, in furtherance of a fixed design for revenge or to accomplish an unlawful purpose and not under the influence of a violent passion, suddenly aroused by lawful or just cause or legal provocation.
"Premeditation and
deliberation are usually proven by circumstantial evidence because they are mental processes that are not readily susceptible to proof by direct evidence."
Deliberate Definition