Legal Definitions - Premeditation

Premeditation refers to the act of thinking about, planning, or considering a specific action before it is carried out. This period of contemplation can be very brief, even a matter of moments, but it signifies that the individual had some prior intent or design to commit the act, rather than acting purely on impulse.

Here are some examples to illustrate the concept of premeditation:

• Example 1: A disgruntled employee, after being passed over for a promotion, spends several days researching how to hack into the company's computer system. They then purchase specialized software and, on a specific night, execute a plan to delete critical company data.

  Explanation: The employee's actions demonstrate premeditation because they engaged in research, acquired tools, and waited for a specific time to act. This shows a period of deliberate thought and planning before the data deletion occurred, rather than a spontaneous outburst of anger.

• Example 2: A person involved in a dispute with a neighbor decides to damage their property. The night before, they gather tools like a hammer and spray paint, and then wake up early the next morning to carry out the vandalism.

  Explanation: The act of gathering specific tools and waiting until the next morning indicates that the individual contemplated the action beforehand. This preparation and delay, however short, demonstrate a prior intent to commit the damage, fulfilling the definition of premeditation.

• Example 3: Two individuals plan to commit a theft. They discuss which store to target, decide on a time when fewer people will be present, and agree on who will distract the staff while the other takes merchandise. They then proceed to execute their plan.

  Explanation: The discussion, selection of the target, and coordination of roles all illustrate a period of planning and consideration before the theft took place. This shows that the act was not impulsive but was thought out in advance, demonstrating premeditation.