Imagine that Joannie and her husband Tim are in a terrible fight in the kitchen. Tim tells Joannie that he is going to get a divorce and will thereafter seek full custody of their two young children. Joannie states, “Wait here. I need to go to the bathroom. I will be right back.” She walks down the hall, but goes into the bedroom, rather than the bathroom, and removes a handgun from the nightstand drawer. She then walks to the bathroom and flushes the toilet. Hiding the handgun in the pocket of her bathrobe, she walks back into the kitchen, removes it, and shoots Tim four times in the abdomen, killing him.
In this scenario, Joannie probably could be convicted of premeditated murder in most jurisdictions.
Joannie shoots and kills Tim in a calm, methodical manner, evidencing deliberation. Her manufactured excuse and flushing of the toilet indicate planning. The act of shooting Tim four times shows that Joannie has a specific intent to killand a strong and calculated desire to bring about Tim’s death. Note that timing is not an issue here. Even a few minutes are enough to carry out a premeditated murder if the proper facts are present.
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