AL Bar Practice Questions - Alabama Bar Examination Exam

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A defendant is charged with first-degree murder requiring premeditation. The evidence shows he formed the intent to kill only moments before the act. Under the majority approach tested on the MBE, can premeditation be found?

No, premeditation requires planning over a period of days No, premeditation is never required for murder Yes, but only if a weapon was purchased in advance Yes, premeditation can be formed in a brief moment, so long as there was some appreciable time for reflection before the killing

Correct Answer:

Yes, premeditation can be formed in a brief moment, so long as there was some appreciable time for reflection before the killing

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