SEQ CHAPTER \h \r 1CR10-651 (06/19/03)


Definition of “premeditation” (context of murder)

Premeditation means to conceive and reflect upon a plan before carrying it out.  It refers to a period of time in which a person thinks about something and plans it before acting.  No specific amount of time is required.  However, the State must have proven that (Def)_______________ thought about killing (victim)_______________ before [he] [she] acted.  Premeditation differs from deliberation in that it relates not only to reflecting on whether or not to do the act, but also to planning how to do the act.

Premeditation may occur over an extended period of time, or over a very short period of time.  A person may plan a killing over a period of months or over a period of seconds; both may be premeditation.  The issue is not the duration of the thought process but the extent and quality of the reflection.  It is not enough to show that there was enough time for premeditation.  The State must have proven that (Def)_______________ thought about killing (victim)_______________, and planned it, before [he] [she] actually did it.