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The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
First degree murder is the intentional killing of another person by someone who has acted willfully, deliberately, or with planning. Generally, there are two types of first-degree murder: premeditated intent to kill and felony murder.
Malice aforethought is the term of art that is sometimes colloquially referred to as "premeditation." Please note, however, that while the term "premeditation" implies a preconceived plan to commit murder, malice aforethought is broader than that. It is true that malice aforethought is defined as the intent to kill.
A premeditated intent to kill requires that the defendant had intent to kill and some willful deliberation (the defendant spent some time to reflect, deliberate, reason, or weigh their decision) to kill, rather than killing on a sudden impulse. Prior planning and deliberation are often closely intertwined.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
For example, a wife who buys poison and puts it in her husband's coffee commits a premeditated murder, as does a man who waits behind a fence to attack a neighbor coming home from work. In many states, felony murder is also charged as first-degree murder.
What Is Premeditation? Someone premeditates a crime by considering it before committing it. Premeditation requires that the defendant thinks out the act, no matter how quickly?it can be as simple as deciding to pick up a hammer that is lying nearby and to use it as a weapon. Defend your rights.
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.
Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
1st-degree murder is characterized by intent that is premeditated, willful, planned, and deliberate, and carries the most severe punishment of any crime: death or life imprisonment without parole.