On Wed, 19 Feb 2014 14:06:24 -0800, "Guv Bob"
wrote:

"micky" wrote in message ...
On Sun, 16 Feb 2014 14:43:35 -0800, Oren wrote:

On Sun, 16 Feb 2014 14:25:44 -0500, micky
wrote:

First degree murder, premeditated murder does not require that one sit
in his room making plans weeks or days or hours in advance. it doesn't
require that someone make a special purchase of a weapon or that he plan
to meet someone somewhere. The intention and the premeditation
necessary for first degree murder can be formed one second before the
act is committed.

I'm not sure premeditation can be formed in "one second".

Without debating that one, how about 3 seconds. No more than that is
needed in many states.

One example someone gave on the radio today, from one state, was the
time between the first time one pulled the trigger and the second time,
and that means consecutive shots, without a pause in between.

Consider crimes of passion. Often acts that are instantaneous.

Occasions where premeditation is not found for one reason or anotehr
don't change the minimum time necessary when those reasons are not
present.

The Burning Bed Defense?

http://en.wikipedia.org/wiki/The_Burning_Bed

" Hughes went to court in Lansing, Michigan, and found by a jury of
her peers to be not guilty by reason of temporary insanity."

Maybe so in theory. I think the jury would have gone for voluntary manslaughter. When you get into FDM, every technicality gives the defense a way to derail the verdict. Got to convince 12 people.

Only 6 jurors (and alternates) are required in Florida on a felony
criminal, except in a Death Penalty case - then 12 is required (an
alternates).

http://www.cobblawfirm.com/Jurors.htm