Motive (law)
Encyclopedia
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.
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.
Motive is particularly important in prosecutions for homicide
. First, murder
is so drastic a crime that most people recoil from the thought of being able to do it; proof of motive explains why the accused did so desperate an act.
Moreover, most common law
jurisdiction
s 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."
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...
, is the cause that moves people to induce a certain action. Motive, in itself, is not an element of any given crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
; 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.
The law technically distinguishes between motive and intent. "Intent" in criminal law is synonymous with mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
, which means no more than the specific mental purpose to perform a deed that is forbidden by a criminal statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
, 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.
Motive is particularly important in prosecutions for homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
. First, murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
is so drastic a crime that most people recoil from the thought of being able to do it; proof of motive explains why the accused did so desperate an act.
Moreover, most common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s have statutes that provide for degrees of homicide, based in part on the accused's mental state. The lesser offence of voluntary manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
, 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."