Yes I understand and agree, someone in a mad rage has the option to redirect their anger as you describe above, and IMO the vast majority do redirect. Sorry if my post wasn’t clear, but the point I was trying to make was that *
IF* the scenario I described is what went down between BM & SM (during some sort of domestic argument which escalated, “someone” lost control-meaning went into a rage), that this particular “someone” did NOT opt to redirect their rage. And here we are.
IANAL but just going off memory of what I’ve heard and read in the past, say someone strangled someone else to death in a fit of rage (there are many ways to kill someone in a rage and not saying strangulation is or is not what happened to SM), some people may opine/argue etc., over whether this is considered a premeditated act since it can take anywhere from approx. 2-3 minutes for a victim of strangulation to perish, so the strangler has time to think about the ultimate consequence of their action and make a decision to stop.
From what I understand, alot of it has to do with the circumstances, and whether there was forethought, deliberation, intent etc., and of course, it must be proven to have been premeditated in a court of law. Stating the obvious, no matter what anyone’s opinion is of a crime having been premeditated, and it may seem glaringly obvious that it was, not all murders committed in a fit of rage are proven/won in court as having been premeditated. But since we’re talking about a *possible* rage murder in this instance, I remember reading some time ago, about a couple of cases where the person on trial strangled someone to death during a DV argument, the defendant’s lawyers argued that it wasn’t premeditated because the defendant was “provoked” in the heat of the moment,
the jury agreed and a lesser charge than Murder 1 was handed down. Another case where defendant’s lawyers argued it was self defense, just trying to protect themself during a “heat of the moment” dispute of some sort that became physical, again,
the jury agreed and instead of Murder 1, defendant was awarded a lesser charge. It seems as though it’s not cut and dry, the lines are blurred and it’s confusing sometimes, TO ME anyway.
I’m not looking to start a debate on the topic, but posted a couple links below in case anyone wonders about all this like me. One is a link of the legal definition of premeditation, the other’s a link describing deliberation and premeditation in Colorado.
Of note, BBM and snipped from the very bottom of article:
“It is not always clear whether a suspect acted with premeditation and deliberation. Therefore, courts look to such as evidence as the suspect’s conduct and words, expert testimony, witnesses, and evidence from the crime scene”
legal definition of premeditation - Google Search
What are "premeditation and deliberation" in Colorado murder cases?
All of the above is IMHOO.
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