First Degree Murder
First-Degree Murder: premeditated, deliberate, intentional murder—plus certain enumerated felony murders.
Elements
- Intent to kill (express malice).
- Premeditation — ∆ thought about the killing in advance.
- "Premeditation may be as instantaneous as successive thoughts in the mind." See State v. Ramirez, 945 P.2d 376 (Ariz. 1997).
- Deliberation — ∆ acted with a cool mind capable of reflection.
- Even momentary reflection may suffice. See State v. Davis, 905 S.W.2d 921 (1995).
- Actual reflection — Ramirez emphasizes that premeditation requires actual reflection, not just enough time during which ∆ might have reflected.
Enumerated Felony First-Degree Murder
- Generally: rape, robbery, arson, burglary, kidnapping (varies by jurisdiction).
- Killings during these felonies are first-degree murder by statute.
Useful Distinctions
- "Deliberation" = cool mind, capacity for reflection.
- "Premeditation" = ∆ in fact reflected, however briefly, before killing.
- Deadly-weapon rule: "intentional use of a deadly weapon authorizes a permissive inference of intent to kill."
Cases:
- State v. Hope, 137 N.E.3d 549 (Ohio 2019) — prior calculation and design factors.
- State v. Ramirez, 945 P.2d 376 (Ariz. 1997) — premeditation = actual reflection.
- State v. Davis, 905 S.W.2d 921 (1995) — momentary reflection sufficient.