In criminal law, lying in wait refers to the act of hiding and waiting for an individual with the intent to kill or inflict serious bodily harm to that person.
[1] Because lying in wait involves premeditation, some jurisdictions have established that lying in wait is considered an aggravating circumstance that allows for the imposition of harsher criminal penalties.
[1][2] Scholars have traced the origins of this doctrine as far back as 1389, when the English Parliament passed a law that denied the right of pardon to individuals who killed while lying in wait.
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