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A motive is the cause that moves people to induce a certain action. [1] In criminal law, motive in itself is not an element of any given crime; however, the legal system typically allows motive to be proven to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with.
For example, financial gain is a motive to commit a crime from which the perpetrator would financially benefit, like embezzlement. [161] As a technical term, motive is distinguished from intent. Intent is the mental state of the defendant and belongs to mens rea. A motive is a reason that tempts a person to form an intent.
Intention or intent is a key aspect in criminal law. It refers to the state of mind of the perpetrator, specifically to their plan to commit a crime . [ 88 ] As such, it belongs to the mental element of the crime, known as mens rea , and not to the physical element, actus reus .
Filemon Castelar Lagman (March 17, 1953 – February 6, 2001), popularly known as Ka Popoy, was a revolutionary socialist and workers' leader in the Philippines who supported Marxism-Leninism. [1] He split with the Communist Party of the Philippines in 1991 due to ideological disagreements to form the Bukluran ng Manggagawang Pilipino (BMP). He ...
Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without violating the letter of the law, and (3) the ...
Lewis v R, [1979] 2 S.C.R. 821 is a famous decision of the Supreme Court of Canada on the relevance of motive in a criminal trial. The Court held that motive is never an essential element of a criminal offence but can be used as evidence to prove intent.
Court: Supreme Court of the Philippines en banc: Full case name; Antonio L. Sanchez, v. The Honorable Harriet O. Demetriou (in her capacity as Presiding Judge of Regional Trial Court, NCR, Branch 70, Pasig), The Honorable Franklin Drilon (in his capacity as Secretary of Justice), Jovencito R. Zuño, Lonardo C. Guiyab, Carlos L. De Leon, Ramoncito C. Mison, Reynaldo J. Lugtu, and Rodrigo P ...
Ibong Adarna, also known as The Adarna Bird, [1] is an early 19th century Filipino epic poem that centers around a magical bird of the same name. During the Spanish era, the longer form of the story's title was Korrido at Buhay na Pinagdaanan ng Tatlong Prinsipeng Magkakapatid na anak ni Haring Fernando at ni Reyna Valeriana sa Kahariang Berbanya ' ("Corrido and Life Lived by the Three Princes ...