WPIC 26.01.01 Premeditated—Definition
11 WAPRAC WPIC 26.01.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 26.01.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part V. Crimes Against Life
WPIC CHAPTER 26. Murder, First Degree
WPIC 26.01.01 Premeditated—Definition
Premeditated means thought over beforehand. When a person, after any deliberation, forms an intent to take human life, the killing may follow immediately after the formation of the settled purpose and it will still be premeditated. Premeditation must involve more than a moment in point of time. The law requires some time, however long or short, in which a design to kill is deliberately formed.
NOTE ON USE
Use this instruction in every prosecution for first degree premeditated murder. Use WPIC 10.01 (Intent—Intentionally—Definition) with this instruction.
COMMENT
The definition of “premeditated” is required in every prosecution for first degree premeditated murder.
The Washington Supreme Court held the language of WPIC 26.01.01 “adequately stated the rule regarding premeditation.” State v. Benn, 120 Wn.2d 631, 658–59, 845 P.2d 289 (1993); see also State v. Clark, 143 Wn.2d 731, 770, 24 P.3d 1006 (2001) (noting the Supreme Court's repeated affirmations of this instruction); State v. Scherf, 192 Wn.2d 350, 400, 429 P.3d 776 (2018).
See Comment to WPIC 26.02 (Murder—First Degree—Premeditated—Elements).
[Current as of April 2019.]
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