It's something that we definitely premeditate while we're in the studio.
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All of it has a degree of improvisation and I try not to premeditate too much.
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An anonymous juror told the station that Creech seemed credible when he said he didn't premeditate Smith's killing.
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The government also provided a theory to establish Mr. Hernandez's motive to kill Mr. Lloyd — anger over gossip — and his ample opportunity to premeditate and deliberate.
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What I have seen, time and time again, are male perpetrators who premeditate their crimes, choosing victims based on who they think is least likely to report them.
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"It is generally not a legal excuse for a crime but if you're in a mental state where you cannot premeditate, deliberate and form specific intent to kill, then you cannot be convicted of first-degree murder," he says.
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It has been argued that Leibniz may have written the final book to appear under van Helmont's name, the Quaedam praemeditatae et consideratae cogitationes super quattuor capita libri primi Moisis (Amsterdam 1697), translated in English in 1701 as Premeditate and Considerate Thoughts, on the early chapters of the Book of Genesis.
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Urbanski's trial began on December 11, 2019. The early proceedings of the trial hinged on Urbanski's hate crime charge. Deriving an argument from the racist memes found on Urbanski's phone and that surveillance video obtained showed Urbanski approaching Collins with a knife drawn, the prosecution argued that the crime was racially motivated. Urbanski's lawyers chiefly argued that he was too drunk to premeditate a killing, and that the state could not show sufficient cause from the images on Urbanski's phone alone.
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A California Court of Appeal declined his appeal and ruled that his "ability to deliberate and to premeditate his crime was demonstrated by his own testimony of the elaborate preparations pursuant to a plan which was executed with logic and precision. Defendant's testimony showed the plan was initiated many months prior to its execution and involved the use of a bait to lure the consular officials to the place chosen by defendant." Despite objections from the Turkish government, Yanikian was paroled on January 31, 1984, because of poor health, and transferred to a Montebello convalescent hospital. He died of a heart attack one month later at the age of 88.
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Thus a Malay may commit a crime he did not premeditate, > and then find that an enemy had buried a particular part of a Loris under > his threshold, which had, unknown to him, compelled him to act to his own > disadvantage. ... [a slow loris's] life is not a happy one, for it is > continually seeing ghosts; that is why it hides its face in its hands. In the Mondulkiri Province of Cambodia, hunters believe that lorises can heal their own broken bones immediately after falling from a branch so that they can climb back up the tree. They also believe that slow lorises have medicinal powers because they require more than one hit with a stick to die.
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State v. Shank, 322 N.C. 243, 367 S.E.2d 639 (1988) and State v. Gerald, 304 N.C. 511, 284 S.E.2d 312, (1981) For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation and the specific intent to kill—all three are necessary elements of the state's case.State v. Shank, 322 N.C. 243, 367 S.E.2d 639 (1988) If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or "defect" possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder.
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The standard for an insanity defense developed by the American Law Institute requires a showing that the defendant's mental illness prevented him from abiding by the law. Traditionally, under English common law intoxication, no matter to what degree, was not considered grounds for excusing the defendant's criminal behavior. However, over the last half century, there has been a movement toward allowing intoxication as evidence admissible in court to help the jury understand the criminal act and perhaps use it as an excuse or a mitigating factor. Although voluntary intoxication is not considered an excuse for a criminal act, if it can be shown that the defendant was too intoxicated to deliberate or premeditate the wrongful act, (lacking malice aforethought), a defense of diminished capacity, while not excusing the defendant from responsibility for the act, can serve to reduce the charges.
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