- Jul 26, 2010
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Murder has to have a premeditation
Nope, to be charged with murder the person has to have had intent - in most states the fundamental characteristic of murder is - INTENT.
Premeditation may indicate intent, but a person can be charged and convicted of murder whether they plan it ahead of time (premeditate) or not.
If I am at a family gathering with a relative who drives me mad (now of course there is absolutely no reason I picked this situation, TOTALLY random.....LOL.....) and I stand up and yell, 'DIE!' and prick them to death with a salad fork close at hand....I can be charged with murder.
No previous planning, no premeditation - murder.
Nope, to be charged with murder the person has to have had intent - in most states the fundamental characteristic of murder is - INTENT.
Premeditation may indicate intent, but a person can be charged and convicted of murder whether they plan it ahead of time (premeditate) or not.
If I am at a family gathering with a relative who drives me mad (now of course there is absolutely no reason I picked this situation, TOTALLY random.....LOL.....) and I stand up and yell, 'DIE!' and prick them to death with a salad fork close at hand....I can be charged with murder.
No previous planning, no premeditation - murder.
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