MOTIVES For the Colorado Theater Murders ?

That's premeditation, Krumple. He got his weapons from the car with the intention of using them. And we infer his intention from the fact he did use them. You can premeditate an act in a minute, or 30 seconds--it means you form an intention in your mind to do something--then you do it.

If he were having an argument with someone sitting next to him in the theater and they wouldn't listen to him so he went outside and got a rock and came back in and attacked them with it, is that too premeditated?

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If he were having an argument with someone sitting next to him in the theater and they wouldn't listen to him so he went outside and got a rock and came back in and attacked them with it, is that too premeditated?

Yes. That's also premeditated--the use of the rock as a weapon was premeditated.

If you come home and unexpectedly find your spouse in bed with another person, and you just go berserk, suddenly pick up a chair and hit them, that would be considered something done in the heat of passion, rather than premeditated.

If you know you're going to find your spouse in bed with another person, and you take a gun so you can shoot them in the act, and then you do shoot them, that's premeditated.

how is that any different than going into your kitchen to grab a chair since one was not in the bed room?

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how is that any different than going into your kitchen to grab a chair since one was not in the bed room?

Because you are looking for a weapon--you are premeditating the act, formulating it in your mind.

If you formulate an intention in your mind, and then act on it, that's premeditation. And the timeframe does not have to be long--it can be 30 seconds.

I think they have a good case building re premeditation. Batman paraphernalia at his apartment - though that's certainly not conclusive.

As I said - it's definitely not conclusive. Let's see what else they find. His hair was dyed red (as the Joker's), and he SAID to COPS, "I'm the Joker."

Hair dying takes time....something those in my circle like to call...."forethought."

A lawyer can wrangle all he wants - but present that to a jury and it's a lock (on premeditation.)

I think he was watching the "real" Batman....the TV Joker (Cesar Romero) had the orange hair.

Murder in the First Degree (18-3-102)

1.A person commits the crime of murder in the first degree if:
(a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person; or
(b) Acting either alone or with one or more persons, he or she commits or attempts to commit arson, robbery, burglary, kidnapping, sexual assault as prohibited by section 18-3-402, sexual assault in the first or second degree as prohibited by section 18-3-402 or 18-3-403 as those sections existed prior to July 1, 2000, or a class 3 felony for sexual assault on a child as provided in section 18-3-405 (2), or the crime of escape as provided in section 18-8-208, and, in the course of or in furtherance of the crime that he or she is committing or attempting to commit, or of immediate flight therefrom, the death of a person, other than one of the participants, is caused by anyone; or
(c) By perjury or subornation of perjury he procures the conviction and execution of any innocent person; or
(d) Under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, he knowingly engages in conduct which creates a grave risk of death to a person, or persons, other than himself, and thereby causes the death of another; or
(e) He or she commits unlawful distribution, dispensation, or sale of a controlled substance to a person under the age of eighteen years on school grounds as provided in section 18-18-407 (2), and the death of such person is caused by the use of such controlled substance; or
(f) The person knowingly causes the death of a child who has not yet attained twelve years of age and the person committing the offense is one in a position of trust with respect to the victim.
http://www.lawinfoboulder.com/colorado_statutes/murder_first_degree.html

And his booby-trapping of his apartment, and his apparently leaving the door unlocked, was another deliberate, premeditated action intended to cause death and destruction.

Yes he did rig a bomb/bombs but remember, he actually told officers it was there. Now if he had intent to cause harm with the bombs, why tell the officers?

Krumple - even though I think you're fabulous for trying the devil's advocate role - you are mixing points. The point we were discussing was premeditation.

Rigging booby-traps shows premeditation very clearly. Warning cops - though kind - doesn't negate the malice of forethought required to set bombs. He knew he was going to commit a crime that would lead cops to his apt. Nothing outside - or beside - these basic facts can challenge that he knew what he was going to do in advance.

(btw hello and KISS)