Twardlow Loc: Arkansas

To further discussion of "premeditation,' I offer the further definitions for anyone's consideration.



Premeditated murder is the crime of wrongfully and intentionally causing the death of another human being (also known asmurder) after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension.[1] State laws in the United States vary as to definitions of "premeditation." In some states, premeditation may be construed as taking place mere seconds before the murder. Premeditated murder is usually defined as one of the most serious forms of homicide, and is punished more severely than manslaughter or other types ofmurder - often with the death penalty or a life sentence without the possibility of parole.


2.
Law. sufficient forethought to impute deliberationand intent to commit the act.


"Under North Carolina law, first-degree murder is the unlawful killing of another human being with malice and with premeditation and deliberation. Second-degree murder is the unlawful killing of a human being with malice but without premeditation and deliberation.

"Premeditation means the defendant formed the specific intent to kill the victim for some period of time, however short, before the actual killing. Deliberationmeans that the intent to kill was formed while defendant was in a cool state of blood and not under the influence of a violent passion suddenly aroused by sufficient provocation. Significantly, however, cool state of blood does not mean an absence of passion and emotion. Rather, under state law, a defendant maydeliberate, may premeditate although prompted and to a large extent controlled by passion at the time. Indeed, if the design to kill was formed with deliberation and premeditation, it is immaterial that defendant was in a passion or excited when the design was carried into effect. Thus a killing committed during the course of a quarrel or scuffle may yet constitute first degree murder provided the defendant formed the intent to kill in a cool state of blood before the quarrel or scuffle began and the killing during the quarrel was the product of this earlier formed intent. Additionally, it is sufficient that the processes of premeditation anddeliberation occur prior to, and not simultaneously with, the killing."

Similarly, in the Supreme Court of California, Madam Justice Caro Corrigan wrote this in People v Harris:

"A verdict of deliberate and premeditated first degree murder requires more than a showing of intent to kill. Deliberation refers to careful weighing of considerations in forming a course of action; premeditationmeans thought over in advance.

"The process of premeditation and deliberation does not require any extended period of time. The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly."

In Florida, District Court of Appeal of Florida, Justice Douglas Wallace presiding, preferred these words in Berube v State:
"Premeditation is the essential element which distinguishes first-degree murder from second-degree murder.

"Premeditation is defined as more than a mere intent to kill; it is a fully formed conscious purpose to kill.

"This purpose to kill may be formed a moment before the act but must exist for a sufficient length of time to permit reflection as to the nature of the act to be committed and the probable result of that act."


When an individual contemplates, for any length of time, undertaking an activity and then subsequently takes the action.



First-degree murder, or capital murder as it is often called, is the most serious form of murder. In most states, a first degree murder involves elements like deliberate planning, premeditation, or malice. Deliberate means that the defendant makes a clear-headed decision to kill the victim. Premeditation involves showing the defendant actually thought about the killing before it occurred.

The period of thought required to classify a murder as premeditated may be very brief.

Blurryeyed Loc: NC Mountains.

These definitions are not consistent across the 50 states and regardless they do not fit the events that took place in Ferguson.

Setting the above argument aside a video has emerged of a conversation of an eyewitness that establishes that Brown was charging Wilson when Brown was shot. If this can be substantiated it will provide Wilson with a defense of justifiable homicide in self defense.

I would ask you if it is established that Brown was charging Wilson, will you believe in his innocence? Somehow I think not, remember at 6'4", 290 pounds Brown himself posed and imminent danger, and if he was coming to take Wilson's gun as he had previously attempted to do Wilson could reasonably believe that his life was in danger.

Billynikon Loc: Atlanta

The only place I have seen reference to that video is on a site by someone sponsered by Glenn Beck which makes one wonder

Blurryeyed Loc: NC Mountains.

You can watch it for yourself here and also read the transcript...

http://www.uglyhedgehog.com/t-236930-1.html#3989941

Kombiguy Loc: Cedar Rapids, IA

Citations for this? Or is this your own writing?

user47602 Loc: ip 304.0.0.33.32

hijack*couldn't resist!http://www.innerchange.com.au/azmayesh/wp-content/uploads/2014/02/Meditation-nothing-happens-next-this-is-it-new-yorker-cartoon.jpg

Billynikon Loc: Atlanta

If you accept this it just does not make any sense. Why would anyone rush a cop holding a gun,ecially if he had already shown willingness to shoot

Blurryeyed Loc: NC Mountains.

You heard the guy telling the story of what he saw, it just so happens to match officer Wilson's account of what happened. People just need to settle down and not make the same rush to judgement that was made in the Zimmerman case.