Multistate Bar Examination Practice Question

A defendant sees an acquaintance, whom he had been feuding with for months, at a party. The defendant immediately decides to kill the acquaintance. He retrieves a weapon from his car, calmly waits for an opportunity, and then attacks, causing the acquaintance's death. What distinguishes this killing as premeditated and deliberate?

  • The defendant formed the intent to kill at the moment of attacking the victim.

  • The killing occurred in the heat of passion caused by an intense emotional provocation.

  • The defendant's actions were the result of a reckless disregard for human life.

  • The defendant had time to reflect on the intent to kill and acted with a cool and purposeful mind.

Multistate Bar Examination
Criminal Law and Procedure
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