Premeditation judged based on steps you have to go through to shoot (Dunn case)

[Aloha_Shooter]

http://legalinsurrection.com/2015/02...tion-standard/

What particularly caught my eye from this interview was the considerable weight the jurors placed on the many physical steps Michael Dunn took in retrieving, preparing, and brandishing his handgun, and how the jury concluded as a result that Dunn acted with premeditation. This finding of premeditation was necessary in order for the jury to unanimously find Dunn guilty of first-degree murder, as opposed to second-degree murder or manslaughter.

As Wayne Davis, jury foreman, put it in the interview:

We got instructions from the judge on what premeditation was, and we included, in some of the other ones, we never knew there was no time limit on premeditation, it can be three weeks or it can be three seconds. And from that, from the judges instructions, how to determine it was premeditated murder. . . . From the judge’s instructions of what premeditation was, it really came down to the all the steps he had to take to get to the gun, turn around and shoot that gun.

I leave for after-class discussion whether this suggests that certain tactical options (e.g., already having a round chambered) may mitigate against this sort of legal attack.

The issue of premeditation is relevant only insofar as it controls what level of unlawful killing in which Dunn engaged (first degree murder, second degree murder, manslaughter). It has nothing whatever to do with whether he acted in lawful self-defense. Had the jury believed Dunn acted in lawful self-defense, then his premeditation in acting in lawful self-defense would itself have been entirely lawful, and they would have acquitted him.

[Great-Kazoo]

Possible this specific wording is what got the guilty verdict.

merely disrespected.

I learned many decades ago the only words one says to a LE, when being questioned is. I'd like an attorney, Please.... Admitting or saying ANYTHING AT ANYTIME, CAN & WILL BE USED AGAINST YOU. Usually to the tune of $5 - 10K minimum. When adrenaline is running forget it.

It's one of the things i said when instructing classes. It's not so much owning a gun, But the responsibility that goes with it. YMMV

[brutal]

"I feared for my life. The next person I speak to will be an attorney."

[Great-Kazoo]

"I feared for my life. The next person I speak to will be an attorney."

Yes, there are different ways to ask / phrase it. However always be as polite as possible, under the circumstances. Don't want to sound like some skel who says it for a living.

[spqrzilla]

Premeditation as a component in first degree murder varies from state to state in how the amount of thought/reflection is defined for the jury.

[brutal]

Premeditation as a component in first degree murder varies from state to state in how the amount of thought/reflection is defined for the jury.

In some regards, it almost sounds like they're trying to set a precedent for making a case of premeditation against anyone that prepares for any deadly encounter, i.e. anyone that has a CCW.