Where is the line between a crime of passion and pre-meditated murder?

I think they are so different. To my mind a crime of passion would be at that very moment using whatever is at hand to kill. Any shopping before hand would constitute premeditation.

Premeditated murder doesn’t necessarily require a certain amount of time – it just needs to be well-thought out and planned. Meticulous planning is usually what constitutes premeditated murder. Buying a gun a half hour before committing the crime can certainly be considered premeditated – I’m sure there were prior thoughts before getting the gun. Purchasing the gun is usually one of the last steps.

A crime of passion is spontaneous, people who commit these types of crimes usually don’t do any thinking or planning ahead of time. You brought up a good point when you said that thirty minutes might not be enough time for someone to cool down, perhaps in this scenario it would be considered a crime of passion? Not sure!

@faye: Okay, fair enough. What say we take the shopping out of it. What if he has a gun already. Would you say any time between picking up the weapon and killing the victim throws a crime of passion out the window?

I think when he takes the gun out of the closet at that very moment it becomes premeditated. THe difference would be if his boss was in his living room yelling at him, and during an escalating argument he grabs the gun out of the desk drawer and shoots.

If his boss was sleeping with his wife.

Crime of passion.

@Gokey: GA. So I pose the same question you. What if there is no purchase, what if he already owns the gun and then gets into his car and drives to his work?

A crime of passion would be getting so angry at the boss right now that you grab the nearest paperweight and whack him with it.

Premeditated murder would be getting so angry at the boss that you go into your office (or out to your car) and get the gun you already own, even if only for a short time, and shoot him with it.

If you have to go get the weapon, you are planning and thus commit a premeditated crime. If you grab for the nearest thing in the heat of the moment it’s a crime of passion.

@KatawaGrey Good question! Did this guy have any prior suspicions of infidelity in the relationship? If not, and he drove home to get the gun and within thirty minutes he had it pointed at someone’s head, I would suspect that yes, this would indeed be a crime of passion. A case of temporary insanity – this isn’t the usual reaction people would have if they discovered this kind of news.

Hm… Does anyone know of any people in the justice system on fluther? I’d love to hear how a crime of passion is legally defined.

“crime of passion n. a defendant’s excuse for committing a crime due to sudden anger or heartbreak, in order to eliminate the element of “premeditation.” This usually arises in murder or attempted murder cases, when a spouse or sweetheart finds his/her “beloved” having sexual intercourse with another and shoots or stabs one or both of the coupled pair. To make this claim the defendant must have acted immediately upon the rise of passion, without the time for contemplation or allowing for “a cooling of the blood.” It is sometimes called the “Law of Texas” since juries in that state are supposedly lenient to cuckolded lovers who wreak their own vengeance. The benefit of eliminating premeditation is to lessen the provable homicide to manslaughter with no death penalty and limited prison terms. An emotionally charged jury may even acquit the impassioned defendant.” Source

“crime of passion
A crime committed in a moment of sudden or extreme anger or other emotional disturbance sufficient enough for a reasonable person to lose control and not reflect on what he or she is doing.” Source

It isn’t defined by statute or law in the United States, but is used as an appeal to the judge and or the jury by the defendant to seek a lesser penalty. I understand that it may be defined in French law.

Pre-Meditated murder: Planning how to kill someone.

Crime of Passion: You walk in and your wife is sleeping with your best friend and you bludgeon them with the nearest blunt object.

@Darwin: Thank you! that makes a lot of sense.

Don’t lie in wait.

yes pre-meditated murder is thought about and planned and a longer jail sentence and crime of passion it just on the spot and not thought about and i think a little less jail sentence

One to the body and one to the head = premeditated.
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15 scattered rounds (mainly to the genitals or face) = crime of passion…just sayin’