Substantial planning and premeditation is a legal term used to describe the level of planning and consideration that goes into a crime before it is committed. It is a requirement for a conviction of first-degree murder in many jurisdictions. It typically involves proof that the perpetrator was determined to commit the crime and took steps to plan out and carry out the crime. Generally, three types of substantial planning and premeditation are recognized: deliberation, preparation, and reflection. Deliberation involves the act of actually planning the crime, such as deciding which weapon to use or when and where to commit the crime. Preparation involves purchasing or gathering the material elements necessary to commit the crime, such as a weapon or tools. Reflection is the time the perpetrator spends reflecting on the decision to commit the crime, which is typically considered a sign of premeditation. The purpose of determining the level of premeditation is to help distinguish between intentional murder and other forms of homicide. If the perpetrator can be proven to have acted with premeditation, then the murder charge is typically upgraded to first-degree murder, which carries a longer punishment.
SUBSTANTIAL PLANNING AND PREMEDITATION
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Courts focus on the ?pre? in premeditation, and generally look for evidence that the defendant deliberated and subsequently formed the intent to kill prior to the act of killing. This is justified because the defendant must have thought about the murder for a period of time and did not change their mind.
And evident premeditation. Settled is the rule that qualifying circumstances must be proved with the same quantum of evidence as the crime itself, that is, beyond reasonable doubt.
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 also: first degree murder malice aforethought murder.
United States v. Girouard, 70 M.J. 5 (premeditated murder under Article 118, UCMJ, requires: (1) a death; (2) that the accused caused the death by an act or omission; (3) the killing was unlawful; and (4) at the time of the killing, the accused had a premeditated design to kill).
Something premeditated is planned in advanced and has a purpose behind it. In other words, it's no accident. A premeditated crime involves careful planning and research before it happens.
Premeditation requires that the defendant planned the murder before it was committed or was ?lying in wait? for the victim. For example, a wife who buys poison and puts it in her husband's coffee commits a premeditated murder, as does a man who waits behind a fence to attack a neighbor coming home from work.