AJ 014 Lecture 28: AJ 14 - LEC28
Document Summary
Forrest factors to prove premeditation & deliberation: Want of provocation on part of deceased. Mere words no matter how provocative are not sufficient provocation under common law or modern law. Threats/declarations of d before/during course of events leading up to killing. Ill-will or previous conflict between the parties. Lethal blows after deceased has fallen and rendered helpless. Evidence that killing was done in a brutal manner. Leaving the scene and coming back with a weapon. To establish first degree murder, the government must either prove that sandy acted with premeditation and deliberation or that debbie"s death occurred during the course of sandy committing an enumerated felony. With respect to first-degree premeditated murder, the government"s case is weak because there are no facts to support a finding that sandy planned in advance to kill anyone. Though she formed a plan with her husband to get the crowd out of the house, they did not discuss killing anyone.