Fill and Sign the Jury Instruction Murder Form

38.1 First Degree Murder Premeditated Murder (Including Transferred Intent) 18 USC § 1111 Title 18, United States Code, Section 1111, makes it a Federal crime or offense for anyone to murder another human being within the [special maritime] [territorial] jurisdiction of t he United States. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the victim named in the indictment is dead; Second: That the Defendant caused the death of the victim with " malice aforethought," as charged; Third: That the Defendant did so with " premeditated intent;" and Fourth: That the killing occurred within the [special maritime] [territorial] jurisdiction of the United States. To kill with " malice aforethought " means to kill another person deliberately and intentionally ; but the Government need not prove that the Defendant hated the person killed or felt ill will toward the victim at the time. Killing with " premeditated intent" is required in addition to proof of malice aforethought in order to establish the offense of first degree murder. Premeditation is typically associated with killing in cold blood and requires a period of time in which the accused deliberates, or thinks the matter over, before acting. The law does not specify or require any exact period of time that must pass between the formation of the intent to kill and the killing itself. It must be long enough for the killer, after forming the intent to kill, to be fully conscious of that intent. [It is not necessary, however, for the Government to prove that the person kill ed - - the victim - - was the person whom the Defendant intended to kill. If a person forms a premeditated intent to kill one person and in attempting to kill that person actually kills another person, the killing is premeditated.] You are instruct ed that the location of the alleged murder, as described in the indictment, if you find beyond a reasonable doubt that such offense occurred there, would be within the [special maritime] [territorial] jurisdiction of the United States. ANNOTATIONS AND COMMENTS (See Annotations and Comments following Offense Instruct ion 38.3, infra.)