Jurisprudence
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MOO That "crime of passion" you reference is labeled as different things in different jurisdictions. There's also depraved heart, etc, etc. And premeditation is a highly debated topic. IMO I personally subscribe to the "it can be formed in an instant" theory but in reality many do NOT charge if they have to bank on this. And, this is because you could have serious proof problems with your jury.
Prosecutors deal with juries made up of real people - some of whom have preconceived notions of what constitutes premeditation. It's a risk. And, when it's cut close the decsion of what to charge someone with is IMOO, tricky business for sure. Some may not charge it NOT because they don't have what they need to meet the elements, but because they don't want to roll the dice on what the jury would do including, potentially (and erroneously) acquitting. MOO
Here's just one copy of the Federal pattern (model) jury instructions. This is what the Judge in a federal case would say in instructing the jury in a federal case (states may vary).
"Premeditation means with planning or deliberation. The amount of time needed for premeditation of a killing depends on the person and the circumstances. It must be long enough, after forming the intent to kill, for the killer to have been fully conscious of the intent and to have considered the killing." 8.107 Murder—First Degree | Model Jury Instructions
It doesn't mean advanced planning. It doesn't mean hours. And, herein lies the never-ending debate of "it can formed within seconds." IMOO
Wyoming pattern jury instructions are not publicly available on line from my quick search. So for context, I will next show you Florida's jury instructions (Instruction 7.2) (only because they are publicly available):
“Killing with premeditation” is killing after consciously deciding to do so. The decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing.
The question of premeditation is a question of fact to be determined by you from the evidence. It will be sufficient proof of premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing."
Criminal Jury Instructions Chapter 7 – The Florida Bar
This is MOO. JMO. And, IMO. Not legal advice and not fact. Just Opinion.
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