Mens Rea - Relevance of Motive

Relevance of Motive

One of the mental components often raised in issue is that of motive. If the accused admits to having a motive consistent with the elements of foresight and desire, this will add to the level of probability that the actual outcome was intended (it makes the prosecution case more credible). But if there is clear evidence that the accused had a different motive, this may decrease the probability that he or she desired the actual outcome. In such a situation, the motive may become subjective evidence that the accused did not intend, but was reckless or willfully blind.

Motive cannot be a defense. If, for example, a person breaks into a laboratory used for the testing of pharmaceuticals on animals, the question of guilt is determined by the presence of an actus reus, i.e. entry without consent and damage to property, and a mens rea, i.e. intention to enter and cause the damage. That the person might have had a clearly articulated political motive to protest such testing does not affect liability. If motive has any relevance, this may be addressed in the sentencing part of the trial, when the court considers what punishment, if any, is appropriate.

Read more about this topic:  Mens Rea

Famous quotes containing the words relevance of, relevance and/or motive:

    Wherever the relevance of speech is at stake, matters become political by definition, for speech is what makes man a political being.
    Hannah Arendt (1906–1975)

    ... whatever men do or know or experience can make sense only to the extent that it can be spoken about. There may be truths beyond speech, and they may be of great relevance to man in the singular, that is, to man in so far as he is not a political being, whatever else he may be. Men in the plural, that is, men in so far as they live and move and act in this world, can experience meaningfulness only because they can talk with and make sense to each other and to themselves.
    Hannah Arendt (1906–1975)

    The short lesson that comes out of long experience in political agitation is something like this: all the motive power in all of these movements is the instinct of religious feeling. All the obstruction comes from attempting to rely on anything else. Conciliation is the enemy.
    John Jay Chapman (1862–1933)