Why does motive matter

However, a judge or jury may consider motive when hearing the case. Generally, intent is an element of an offense that the prosecutor must prove. However, if he purposefully punched Barry, he may be charged. The prosecutor is not required to prove that the defendant meant to cause whatever outcome resulted from their actions. Proof of motive is not required in a criminal prosecution. In determining the guilt of a criminal defendant, courts are generally not concerned with why the defendant committed the alleged crime, but whether the defendant committed the crime.

However, a defendant's motive is important in other stages of a criminal case, such as police investigation and sentencing. Law enforcement personnel often consider potential motives in detecting perpetrators. Judges may consider the motives of a convicted defendant at sentencing and either increase a sentence based on avaricious motives or decrease the sentence if the defendant's motives were honorable—for example, if the accused acted in defense of a family member.

In criminal law, motive is distinct from intent. Criminal intent refers to the mental state of mind possessed by a defendant in committing a crime. With few exceptions the prosecution in a criminal case must prove that the defendant intended to commit the illegal act.

John is diagnosed with a terminal illness and is in constant pain. After living in agony for several months, he repeatedly asks Sue to kill him. After much deliberation, Sue shoots and kills John. Sue's intent was to kill. Her motive was to stop her husband's pain. She's guilty of murder even though her motive may have been compassionate. Example: Rob is on trial for theft by larceny. The prosecution has to prove that he took someone else's property while intending to permanently deprive the owner of it.

Rob claims that he took Joe's wallet so he could have it cleaned—then he was going to return it. In order to show that Rob intended to keep the wallet for his own purposes, the prosecution offers evidence that Rob has a drug habit that he's had trouble financing. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.

In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors.