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Premeditation and Deliberation
In the old days, there was just murder. Pennsylvania was one of the first states to divide between first degree and second degree murder. The plus factor that converted an intentional killing into first degree murder was that the defendant killed with premeditation and deliberation. Pennsylvania and later states believed that someone who thought beforehand about the killing, weighed the pros and cons, and proceeded anyway was worse than someone who killed in the moment in a heat of passion. There might be some sense to this even from a deterrence point of view--someone who plans carefully might be more deterrable than someone who acts impulsively.
As time progressed, however, courts were tempted to erode the test so that the dividing line between first and second degree murder dimished. In disturbing cases that just seemed bad somehow, courts seemed to water down the requirement of premeditation, reluctant to allow a defendant to be convicted of "only" second degree murder. The two cases in this section highlight that development.
As you read them, also consider the exact test or label the courts use to describe the mental state necessary for first degree murder. Is it one we've seen before or something new (or very old)?
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