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Usually, a person`s motive can be determined by looking at various factors that lead to the commission of the crime. For example, if Bill beat Barry, a review of the facts could reveal that Barry had stolen Bill`s watch, giving Bill a motive to beat him. While investigators may be able to determine a person`s motive, this does not link them to the crime; The prosecutor does not have to prove that the accused had a reason to behave criminally. However, a judge or jury may consider the reason when hearing the case. A motive is the cause that motivates people to provoke a certain action. [1] In criminal law, the motive itself is not an element of a particular crime; However, the legal system generally allows for proof that the motive makes plausible the reasons why the accused committed a crime, at least if those motives are unclear or difficult to identify. However, a reason is not necessary to arrive at a judgment. [2] Motives are also used in other aspects of a particular case, such as when the police are investigating for the first time. [2] Discuss your legal options with our team by calling or contacting us online. In criminal law, the motive differs from the intention. Criminal intent refers to the mental state of mind that an accused possesses when committing a crime. With a few exceptions, the Public Prosecutor`s Office must prove in criminal proceedings that the defendant intended to commit the unlawful act. The prosecution does not need to prove the accused`s motive.

Yet prosecutors and defense lawyers may ask a question of motive in relation to the case. Proof of motive is not required for criminal prosecution. In determining the guilt of a criminal accused, courts generally do not concern themselves with why the defendant committed the alleged crime, but with whether the defendant committed the crime. However, the motive of an accused is important in other phases of criminal proceedings, such as police investigations and convictions. Law enforcement officers often consider possible motives when identifying perpetrators. Judges may consider the reasons of a convicted accused in sentencing and either increase a sentence based on greedy grounds or reduce the sentence if the accused`s reasons were honourable – for example, if the accused acted to defend a family member. In a legal context, the motive is why a person may have committed a crime. On the contrary, as in State v. Willis, the motive is “the moving course, the impulse, the desire that provokes criminal acts on the part of the accused.” A ground, combined with other evidence, can be useful in proving that a person has committed a crime, especially if the accused denies having committed the crime. The motive can be proved by admitting evidence. For example, in the 1991 Missouri case in State v. Friend Clarence Friend was convicted of first-degree assault after engaging in a high-speed chase with a police officer, shooting the officer with a handgun and fleeing.

A passenger in the accused`s car claimed that the driver`s name was “Donny,” but officers concluded that this was false and instead arrested and charged Friend. In court, Friend denied committing the crime and the passenger refused to testify, citing the Fifth Amendment`s protection from self-incrimination. Among other things, the prosecution presented evidence that Friend had run away from a house halfway, had been involved in the burglary of a liquor store, and had an arrest warrant for him. This was cited as evidence of Friend`s motive for running away from the policeman and shooting him. With over 30 years of combined legal experience, our lawyers know what it takes to win complex criminal cases. If you have been charged with a violent crime such as a battery, contact our team immediately. We will immediately start your case to start building an effective legal defense. Specific intent is defined as a person`s intention to perform the illegal act and cause the specific result. Under the second section of the Battery Act, if Barry knew he was harming Bill for beating him, it would demonstrate a specific intent. There are four different ways in which a defendant`s motive may be relevant to their criminal liability. The pattern can be completely stressful or relieving or only partially stressful or relieving.

If one has acted with a certain motive, the lawful behavior becomes illegal, and then the motive is completely incriminating. If illegal activities with a specific motive do not hold a defendant liable, that ground is completely exculpatory. If a ground does not sufficiently defend a crime, the ground is partially exculpatory. If a ground indicates the type of violation for which the defendant is responsible, the ground is partially incriminating. [5] Motive is not always necessary to prove a crime, as other evidence may suffice. While there is reasonable cause to explain why a person would have committed a crime, one ground alone is not sufficient, as there is no other evidence of the guilt of a particular accused. Pillsbury, Samuel H. 1990. “Evil and the Law of Murder.” University of California, Davis Law Review 24. Florida recognizes two types of intentions: general and specific.

Binder, Guyora. 2002. “The Rhetoric of Motive and Intent”. Buffalo Criminal Law Review 6 (Fall). For example, if an accused denies having committed the crime, he or she may present evidence that he or she had no motive for committing the crime and argue that the lack of a motive supports the thesis that he or she did not commit the crime. For the same reason, the prosecution may provide evidence that the defendant had the motive to commit the crime and argue that the motive supports the thesis that the defendant committed the crime. Proving the motive, without there being more evidence linking an accused to the alleged crime, is not sufficient to support a conviction. What is resistance to arrest? Resistance to arrest is a common charge in Florida and often there is no independent evidence, but only the word of [Anglo-French motif, Middle French adjective of motif, moving, medieval Latin motivus, Latin motus, past participle of movēre to move]: something (such as a need or desire) that causes a person to act NOTE: In criminal law, the motive is distinguished from intent or mens rea.