Premeditation: What Does It Mean And Why Does It Matter?

Premeditated murder is the most severe type of homicide, and it occurs when a person intentionally and deliberately plans and executes the killing of another person. In other words, it's a murder that has been planned in advance. The primary aspect of premeditated murder is the intent and deliberation to kill another person. The killer must have a conscious and willful desire to end someone's life and take deliberate steps to ensure the act is carried out successfully. This type of murder is often associated with first-degree murder, which requires premeditation and deliberation, while second-degree murder is typically unplanned or impulsive.

First-degree murder

Intent

The defendant must have had the intention to kill the victim. This means that they attacked or harmed the victim with the specific purpose of ending their life.

Deliberation and Premeditation

Deliberation and premeditation are crucial aspects of first-degree murder. This type of crime must be planned out and purposeful, rather than occurring in the heat of the moment. The defendant must have spent time reflecting, reasoning, or weighing their decision to kill, indicating that the murder was premeditated. This prior planning demonstrates that the defendant had a "malice aforethought", or a general disregard for human life.

Courts focus on the "pre" in premeditation, seeking evidence that the defendant deliberated and formed the intent to kill prior to the act. This could include obtaining a weapon, such as an unregistered gun, or taking steps to evade capture, such as using gloves to handle the weapon.

Factors Indicating Premeditation and Deliberation

Several factors can indicate premeditation and deliberation, including:

• Lack of provocation from the victim
• Actions and words of the defendant before and after the killing
• Threats made by the defendant before or during the killing
• History of conflict between the victim and defendant
• Additional lethal attacks after the victim was already incapacitated
• Evidence of brutality or excessive force
• Nature and number of wounds inflicted

Felony Murder

In addition to premeditated intent to kill, felony murder is another type of first-degree murder. Felony murder occurs when a death takes place during the commission of a dangerous felony, such as rape, kidnapping, arson, or armed robbery. In these cases, the defendant can be charged with first-degree murder even if they did not directly cause the death or intend for the victim to die.

Planning a murder method

Premeditated murder is the most serious form of murder as it involves planning to kill beforehand. This is in contrast to situations in which people murder by accident, for example, in the heat of an argument.

Premeditation can take many forms. It may involve working out the most effective way to kill someone, such as selecting a method that is likely to work on the first try or tracking someone's habits to pick an opportune moment. It can also include thinking ahead to evade capture, such as obtaining an unregistered gun and using gloves to handle it.

In the case of first-degree murder, the murderer must also have "malice", or a desire to kill, along with deliberation. This means that the murderer was fully aware that their actions would lead to death or serious injury. Proof of malice can include using a deadly weapon in an argument, making statements that indicate hatred for the victim, or making statements during questioning.

There are several factors that indicate premeditation and deliberation, including:

• Lack of provocation from the victim
• Actions and words of the defendant before and after the killing
• Any threats made by the defendant before and/or during the killing
• Whether the victim and defendant had a poor history
• Whether there was an additional lethal attack after the victim was already helpless
• Evidence of brutality
• The nature and number of wounds

It is important to note that the length of time between forming the intent to kill and committing the homicide is not specified by law. However, the length of time must be sufficient to admit some reflection and deliberation.

Certain types of murder methods are usually considered automatic indicators of premeditated murder. For example, the use of poison requires premeditation because the murderer must introduce the poison to the victim with the awareness that it will kill them.

While it can be challenging to prove premeditated murder, it is treated as a very serious crime and typically carries the stiffest penalties.

Avoiding capture

Premeditation is a key factor in determining whether a murder is treated as first-degree murder, which usually carries the stiffest penalties. It involves planning the murder beforehand and can include thinking about how to evade capture. For example, obtaining an unregistered gun and using gloves to avoid leaving fingerprints demonstrates planning a murder method and taking steps to avoid capture.

Blending In

Most murderers blend in with the rest of society and do not stand out as being dangerous. They may have a family, a dog, or a house, and their outward behaviour may indicate that nothing is out of the ordinary. This ability to blend in could be a result of impression management or image control, which can help them evade arrest.

Lack of Witness Accounts

Even with DNA evidence, it is challenging to convict someone of murder without witness accounts. Increasingly strained relationships between the public and the police can make it harder to obtain witness statements, and some witnesses may not realise that the information they have is valuable.

Fragile Nature of DNA Evidence

DNA evidence is extremely fragile and can be destroyed by weather, the environment, the perpetrator, or even wild animals. Additionally, handguns, which make up 73% of the weapons used in homicides, do not leave much DNA evidence behind compared to other weapons like knives.

No Snitch Culture

The growing "no snitch" culture, particularly in minority communities, has made the public more reluctant to speak with the police and identify suspects. This can hinder the identification and arrest of murderers.

Planning and Deliberation

Premeditation involves planning and deliberation, which means that the murderer has thought about the murder for a period and did not act on a sudden impulse. This planning can include selecting an opportune moment, obtaining unregistered weapons, and taking steps to avoid leaving evidence, such as wearing gloves.

It is important to note that the information provided here is for educational purposes only and should not be interpreted as encouraging or condoning criminal behaviour. Murder is a serious crime with severe consequences, and the best way to avoid capture is to refrain from engaging in any illegal or violent activities.

Malice and deliberation

Premeditation and deliberation are two key factors that distinguish first-degree murder from other types of homicide. While the specific definitions may vary across jurisdictions, most consider premeditated murder as a more serious offence, often resulting in harsher penalties.

Premeditation

Premeditation refers to the planning and purpose behind a crime. In the context of murder, it implies that the perpetrator intentionally and deliberately caused the death of another person. This involves careful thought and consideration before the act, indicating that the murderer had a pre-existing intent to kill. The law does not specify a minimum amount of time for premeditation, but it should be sufficient to allow for reflection and deliberation.

Deliberation

Deliberation involves the conscious decision-making process that leads to the act of killing. It suggests that the perpetrator had a "fixed purpose to kill" and was fully aware that their actions would result in death or serious harm. This awareness, also known as "malice aforethought," is a critical aspect of deliberation. The murderer's actions and words, both before and after the killing, can provide evidence of their deliberate intent.

Factors Indicating Premeditation and Deliberation

Several factors can indicate premeditation and deliberation in a murder case:

• Lack of provocation from the victim
• History of conflict or poor relationship between the victim and perpetrator
• Ambush or attack on the victim when they are incapacitated or helpless
• Multiple or brutal attacks
• Nature and number of wounds inflicted
• Use of a deadly weapon
• Statements made by the perpetrator indicating hatred or intent to harm the victim
• Planning to evade capture, such as using unregistered weapons or taking steps to avoid leaving evidence
• Use of poison, which requires premeditation due to the need to introduce it to the victim

Defenses Against Premeditation and Deliberation

Defense attorneys may employ various strategies to dispute the charges of premeditated murder or reduce their severity:

• Arguing that the murder was accidental, impulsive, or committed in the heat of the moment
• Presenting evidence of mental incapacity, insanity, or intoxication to mitigate the defendant's responsibility
• Self-defense or defense of others, where the use of deadly force was a reasonable response to an imminent threat
• Mistaken identity, alibi, or alternative perpetrators
• Police misconduct or errors during the investigation or confession process

Proving premeditation

Premeditation is a key factor in distinguishing first-degree murder from second-degree murder. While the specific definitions vary across different jurisdictions, first-degree murder is generally defined as an unlawful, willful, and premeditated killing. Premeditation requires that the defendant thinks about the act before committing it, no matter how quickly. This can be as simple as picking up a weapon and using it to kill someone.

• Time for reflection: While time alone is not sufficient to prove premeditation, it is an important factor. The prosecution must show that the defendant had enough time to form the intent to kill, reflect on it, and then act. This reflection time can be very short, even a matter of minutes or less, as long as it occurs before the act of killing.
• Circumstances of the crime: A broad range of circumstances can indicate premeditation. For example, if the defendant threatened the victim in advance, had an ongoing feud, or waited to ambush the victim, it suggests premeditation. Additionally, the manner of death can be indicative—for instance, if the defendant bought poison and put it in the victim's drink.
• Motive: Establishing a motive can help the prosecution's case. While not always necessary, it strengthens their argument by showing that the defendant had a reason to plan and carry out the murder.
• Evidence of planning: Any evidence that suggests the defendant planned the murder is crucial. This could include purchasing a weapon, researching methods, or discussing their intentions with others.
• Prior relationship: If the defendant and victim had a prior relationship, such as being coworkers or having a romantic connection, it can indicate a motive and suggest that the defendant had time to consider their actions.

In summary, proving premeditation involves demonstrating that the defendant had the intent to kill, reflected on that intent, and then acted upon it. While time is a factor, the focus is on the defendant's state of mind and the circumstances surrounding the crime.

Frequently asked questions