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"Conscious Disregard for Life": What Premeditated Murder Means — and How It's Proven
Premeditated murder will be explored in the new Oxygen series A Plan To Kill.
Sometimes killers snap. Sometimes they kill in the heat of the moment. Sometimes it’s an accident. But sometimes every detail of a murder is meticulously plotted out for hours, days, weeks, or even months.
The new Oxygen series A Plan To Kill, premiering Sunday, October 27 at 7/6c, takes a closer look at murderers who design a grand plan to slay their victims, with firsthand accounts from investigators and loved ones, according to a press release.
But what does it mean to be charged with premeditated murder? Keep reading to find out what it is and how it’s proven.
What is the difference between manslaughter and murder?
There’s a lot of legal jargon that goes into charging a suspect after a homicide is committed. The circumstances, and the intent behind the death are the biggest factors on if someone is charged with murder or manslaughter — and those circumstances can also be known as “malice aforethought.”
“Malice aforethought is acting with a specific intent to kill the victim, or with a conscious disregard for life,” according to Shouse California Law Group.
If there’s no malice aforethought, the charge is typically manslaughter, which is still the unlawful killing of another human. Voluntary manslaughter can happen during a fight, or during a moment of passion, like “finding your spouse cheating on you and stabbing the other person in a sudden rage,” Shouse group explained. Involuntary manslaughter is when you don’t intend to kill someone, like in a drunk driving accident or providing illegal drugs that lead to a fatal overdose.
“Murder is the intentional killing of another human being with malice aforethought,” Shouse group said.
What is the difference between first- and second-degree murder?
There are usually two degrees of murder charges: first- and second-degree murder. The difference between the two is if a murder is premeditated.
“Premeditation or deliberation are the acts of weighing your options, and then deciding to end another person’s life,” Shouse Law Group said.
If it’s premeditated, the charge is first-degree murder. If it’s not, it’s second-degree murder.
How do you prove premeditated murder?
First-degree murder is not only the most serious homicide charge a person can face, but it’s also one of the hardest to prove. Most states require a prosecutor to show both intent and premeditation to be found guilty.
“This means that the defendant had time to reflect before committing the homicide, which the law tends to see as more blameworthy than killing on an impulse,” Justia said.
There are many actions that can indicate premeditation, like waiting to ambush or attack a victim.
“If the defendant threatened the victim in advance, or if they had an ongoing feud, this may suggest a pre-formed intent,” Justia said.
The manner or cause of death can also help to prove premeditation.
“A defendant who bought poison before putting it in the victim’s drink likely acted with premeditation,” Justia explained, and added that “murder for hire” cases also usually fall under premeditation and first-degree murder.
The evidence to help prove premeditated murder often includes eyewitness reports, video or other surveillance footage, written documentation or receipts, and character witnesses, according to Massey, McClusky, Fuchs & Ballenger law attorneys.
There is no set time limit for how long a suspect must “premeditate” or plan a murder in most areas of the United States.
“Premeditation stands regardless of how long a thought process continues so long as contemplation of any kind happened. Often, there is no minimum amount of time required for contemplation,” according to Cornell Law School.
Watch the series premiere of A Plan to Kill on Sunday, October 27 at 7/6c on Oxygen.
