A motive, in law,
especially criminal law, is the cause that moves people to induce a certain
action. Motive, in itself, is not an element
of any given crime; however, the legal system typically allows motive to be
proven in order to make plausible the accused's reasons for committing a crime,
at least when those motives may be obscure or hard to identify with. However, a
motive is not required to reach a verdict. Motives are also used in other
aspects of a specific case, for instance, when police are initially
investigating.
The law technically distinguishes between motive and intent. "Intent" in criminal law is synonymous with mens rea, which means no more than the specific mental purpose to perform a deed that is forbidden by a criminal statute, or the reckless disregard of whether the law will be violated. "Motive" describes instead the reasons in the accused's background and station in life that are supposed to have induced the crime. Motives are oftentimes broken down into three categories; biological, social and personal.
Motive is particularly important in prosecutions for homicide. First, murder is so drastic a crime that most people recoil from the thought of its commission; proof of motive explains why the accused did so desperate an act. Even though jurors are required to be non bias, their own motives unconsciously effect their decisions. Jurors also don't decide the sentence, they only have a say in if the defendant is guilty or not.
Moreover, most common law jurisdictions (laws developed by judges) have statutes that provide for degrees of homicide, based in part on the accused's mental state. The lesser offence of voluntary manslaughter, for example, traditionally required that the accused knowingly and voluntarily kill the victim (as in murder); in addition, it must be shown that the killing took place in the "sudden heat of passion," an excess of rage or anger coming from a contemporary provocation, which clouded the accused's judgment. Homicides motivated by such factors are a lesser offense than murder "in cold blood."
http://en.wikipedia.org/wiki/Motive_(law)
In US Criminal law, means, motive, and opportunity is a popular cultural summation of the three aspects of a crime that must be established before guilt can be determined in a criminal proceeding. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant felt the need to commit the crime (motive), and whether or not the defendant had the chance to commit the crime (opportunity).Opportunity is most often disproved by use of an alibi,
which can prove the accused was not able to commit the crime as he or she did
not have the correct set of circumstances to commit the crime as it occurred.
Motive is not an element of many crimes, but proving motive can often make it
easier to convince a jury of the elements that must be proved for a conviction.
Establishing the presence of these three elements is not, in and of itself, sufficient to convict beyond a reasonable doubt; the evidence must prove that an opportunity presented was indeed taken by the accused and for the crime with which he or she is charged. For an example, consider this ruling in the case of a suspect accused of robbery and assault:
Contrary to popular depictions in the fictional media, the court cannot convict merely on these three famous elements, but must provide convincing evidence, and opportunity actually acted upon by the defendant charged.
For example, if a criminal shot someone with a handgun and took his/her money when the victim was in an isolated, secluded area at night, the means would be the handgun, the motive financial (i.e., the money they stole), and the opportunity the fact that it would be unlikely someone else would witness or stop them. For the majority of crimes, means and opportunity are the easiest to prove; however, for some offenses (such as rape or serial killing), the motive can be hard to define.
The law technically distinguishes between motive and intent. "Intent" in criminal law is synonymous with mens rea, which means no more than the specific mental purpose to perform a deed that is forbidden by a criminal statute, or the reckless disregard of whether the law will be violated. "Motive" describes instead the reasons in the accused's background and station in life that are supposed to have induced the crime. Motives are oftentimes broken down into three categories; biological, social and personal.
Motive is particularly important in prosecutions for homicide. First, murder is so drastic a crime that most people recoil from the thought of its commission; proof of motive explains why the accused did so desperate an act. Even though jurors are required to be non bias, their own motives unconsciously effect their decisions. Jurors also don't decide the sentence, they only have a say in if the defendant is guilty or not.
Moreover, most common law jurisdictions (laws developed by judges) have statutes that provide for degrees of homicide, based in part on the accused's mental state. The lesser offence of voluntary manslaughter, for example, traditionally required that the accused knowingly and voluntarily kill the victim (as in murder); in addition, it must be shown that the killing took place in the "sudden heat of passion," an excess of rage or anger coming from a contemporary provocation, which clouded the accused's judgment. Homicides motivated by such factors are a lesser offense than murder "in cold blood."
http://en.wikipedia.org/wiki/Motive_(law)
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Means, Motive and Opportunity
In US Criminal law, means, motive, and opportunity is a popular cultural summation of the three aspects of a crime that must be established before guilt can be determined in a criminal proceeding. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant felt the need to commit the crime (motive), and whether or not the defendant had the chance to commit the crime (opportunity).
Establishing the presence of these three elements is not, in and of itself, sufficient to convict beyond a reasonable doubt; the evidence must prove that an opportunity presented was indeed taken by the accused and for the crime with which he or she is charged. For an example, consider this ruling in the case of a suspect accused of robbery and assault:
... evidence of motive, means,
opportunity, and consciousness of guilt are not enough to establish guilt. Compare Commonwealth
v. Mandile, 403 Mass.
Contrary to popular depictions in the fictional media, the court cannot convict merely on these three famous elements, but must provide convincing evidence, and opportunity actually acted upon by the defendant charged.
For example, if a criminal shot someone with a handgun and took his/her money when the victim was in an isolated, secluded area at night, the means would be the handgun, the motive financial (i.e., the money they stole), and the opportunity the fact that it would be unlikely someone else would witness or stop them. For the majority of crimes, means and opportunity are the easiest to prove; however, for some offenses (such as rape or serial killing), the motive can be hard to define.
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