Means, motive, and opportunity
Encyclopedia
In US Criminal law
, means, motive, and opportunity is a popular cultural summation of the three aspects of a crime
needed to convince a jury
of guilt in a criminal proceeding
. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant had 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. Ironically, 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.
Furthermore, a showing of 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 proof of means used, 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.
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, means, motive, and opportunity is a popular cultural summation of the three aspects of a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
needed to convince a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
of guilt in a criminal proceeding
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
. Respectively, they refer to: the ability of the defendant to commit the crime (means), the reason the defendant had to commit the crime (motive
Motive (law)
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...
), and whether or not the defendant had the chance to commit the crime (opportunity). Opportunity is most often disproved by use of an alibi
Alibi
Alibi is a 1929 American crime film directed by Roland West. The screenplay was written by West and C. Gardner Sullivan, who adapted the 1927 Broadway stage play, Nightstick, written by Elaine Sterne Carrington, J.C...
, 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. Ironically, 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.
Furthermore, a showing of 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. 93, 98 (1988) (evidence of motive, means, unexplained possession of property, and consciousness of guilt not enough to establish robbery). On this record the evidence is insufficient to permit a rational jury to find beyond a reasonable doubt that the defendant was the victim's assailant... Nothing in the record sufficiently links the defendant to the crime to permit the conclusion beyond a reasonable doubt that he was the perpetrator.
Contrary to popular depictions in the fictional media, the court cannot convict merely on these three famous elements, but must provide convincing proof of means used, 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
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
or serial killing), the motive can be hard to define.