premeditation


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premeditation

n. planning, plotting or deliberating before doing something. Premeditation is an element in first degree murder and shows intent to commit that crime. (See: malice aforethought, murder, first degree murder)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

premeditation

prior resolve to do some act or to commit a crime.
Collins Dictionary of Law © W.J. Stewart, 2006

PREMEDITATION. A design formed to commit a crime or to do some other thing before it is done.
     2. Premeditation differs essentially from will, which constitutes the crime, because it supposes besides an actual will, a deliberation and a continued persistence which indicate more perversity. The preparation of arms or other instruments required for the execution of the crime, are indications of a premeditation, but are not absolute proof of it, as these preparations may have been intended for other purposes, and then suddenly changed to the performance of the criminal act. Murder by poisoning must of necessity be done with premeditation. See Aforethought; Murder.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Notice that premeditation is not formulated to ask the "Why?" question and thus cannot distinguish the mercy killer from the cold-blooded killer.
"That there was no premeditation on the part of the defendant is proven by the facts since the victim and defendant didn't know each other," lawyer Kypros Andreou told judges at Larnaca District Court.
The court scheduled a May 6 hearing to determine whether Russell committed the slayings with premeditation, which the 48-year-old soldier has disputed.
At his sentencing, the judge in the case ordered that "life must mean life", criticising the greed that lay behind Neilson's attacks, the vulnerability of the victims and the premeditation.
International team captain Greg Norman and his US counterpart Fred Couples insisted there was no premeditation about arranging that clash which emerged from Wednesday's draw, The Sydney Morning Herald reports.
Yet, despite all this and elements of premeditation, he secured a plea bargain.
Mrs Justice Rafferty said: "It is very difficult to see that, even without significant premeditation, and even with an element of provocation, against that backdrop, two years and eight months is manifestly excessive."
The jury will have to decide whether Entwistle is guilty of first degree murder, if he acted with deliberate premeditation and malice; guilty of second degree murder, if he intended to cause death or grievous bodily harm; or not guilty.
The Criminal Justice Act 2003 makes it clear a whole-life order would normally be the starting point in any case where two or more murders were committed involving a substantial degree or premeditation, or sexual or sadistic conduct.
Denis Desmond, defending, said: 'There was no premeditation or intention to kill.
He took into account there was no premeditation or sustained bad driving and Marsh did not have an "appalling" record for car crime.
ROBERT NICKAS: With the semiotic approach we're talking about premeditation, and where there is prior intent, the crime is more serious.