MBE Rules · Criminal Law
First-degree murder — premeditation & deliberation
The rule
First-degree murder requires an intentional killing that is both premeditated (thought about in advance) and deliberate (formed in a cool and reflective state of mind). No fixed time is required; even a brief moment of reflection satisfies premeditation in most jurisdictions.
In plain English
The mental state that separates first-degree from second-degree murder is a decision to kill made with some reflection, not on sudden impulse.
The trap
Heat-of-passion facts negate deliberation and drop the crime to voluntary manslaughter, not second-degree murder.
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