ADJUS-121 Lecture Notes - Lecture 13: Homicide, Depraved-Heart Murder, Lesser Included Offense
20 Jun 2020
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Judge charges the jury that deliberation and premeditation can be formed in an instant. Judge charges the jury that deliberation and premeditation requires consideration ahead of time. Defendant is found guilty and appeals on the ground that there is not enough evidence to find him guilty. If there is a correct instruction given to the jury, the appellate court will rarely second guess the jury"s decision. State v. guthrie: court held that premeditation and deliberation requires reflection. This begs the question, if premeditation and deliberation requires reflection ahead of time, how much ahead of time must it be. United states v. escamilla: in deciding whether there was a gross deviation from reasonable behavior, the jury should be instructed to consider all the factors and circumstances surrounding the event. Malice aforethought at common law required an intent to kill, an intent to cause bodily harm, a depraved indifference to human life, and felony murder theory.
