Compare the previous example with this scenario. Frank, Dillon’s supervisor, calls Dillon into his office and fires him. Enraged, Dillon grabs a heavy brass paperweight from the top of Frank’s desk and strikes him in the forehead, killing him instantly. In this example, Dillon acts in anger, not calm, cool, reflection. The act of grabbing a heavy brass paperweight appears impulsive, not planned. There is no evidence to indicate that Dillon knew he would be fired or knew that there was a brass paperweight on Frank’s desk. In addition, the single blow to the head does not necessarily indicate that Dillon had a strong and calculated desire to kill Frank. Dillon’s conduct may be supported by murder intent (most likely implied malice, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life), but there is no evidence of specific intent to kill, deliberation, or premeditation. Thus Frank’s killing would probably not be first-degree premeditated murder in most jurisdictions.
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