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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.
Joaquin G. Bernas SJ (July 7, 1932 – March 6, 2021) was a Jesuit priest, lawyer, college professor and writer who was Dean Emeritus of the Ateneo de Manila Law School in Makati, Philippines. He was a member of the 1986 Constitutional Commission which drafted the 1987 Philippine Constitution .
The principle of double effect is based on the idea that there is a morally relevant difference between an "intended" consequence of an act and one that is foreseen by the actor but not calculated to achieve their motive.
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Judges normally do not define intention for juries, and the weight of authority is to give it its current meaning in everyday language as directed by the House of Lords in R v Moloney, [1] where can be found references to a number of definitions of intention using subjective and objective tests, and knowledge of consequences of actions or omissions.
If we do mean intent, we should change the above text in Hate crime to read "consider intent when sentencing". If the Supreme Court actually allows the lower courts to consider motive then we should change the second sentence here to read "Motive, in itself, is not an element of any given crime (except hate crimes) ;".
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