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Home » Law Dictionary » D » DELIBERATE

DELIBERATE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Intentional. Done with knowledge and awareness of the consequences. To examine, to consult, in order to form an opinion. Thus, a jury deliberate as to their verdict.

Law Dictionary – Alternative Legal Definition

(verb) – To weigh, ponder, discuss. To examine, to consult, in order to form an opinion.

(adjective) – By the use of this word, in describing a crime, the idea is conveyed that the perpetrator weighs the motives for the act and its consequences, the nature of the crime, or other things connected with his intentions, with a view to a decision thereon; that he carefully considers all these; and that the act is not suddenly committed. It implies that the perpetrator must be capable of the exercise of such mental powers as are called into use by deliberation and the consideration and weighing of motives and consequences. State v. Boyle, 28 Iowa, 524.”Deliberation” and “premeditation” are of the same character of mental operations, dif1 fering only in degree. Deliberation is but prolonged premeditation. In other words, in law. deliberation is premeditation in a cool state of the blood, or, where there has been heat of passion, it is premeditation continued beyond the period within which there has been trrve for the blood to cool, in the given case. Deliberation is not only to think of beforehand, which may be but for an instant, but the inclination to do the act is considered, weighed, pondered upon, for such a length of time after a provocation is given as the jury may find was sufficient for the blood to cool. One in a heat of passion may premeditate without deliberating. Deliberation is only exercised in a cool state of the blood, while premeditation may be either in that state of the blood or in the neat of passion.

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