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no, motive plays no part in criminal liability.
a motive is something a criminal has
Look for motive -- e.g. who benefits.
the motive
Look for motive -- e.g. who benefits.
The meanings are essentially the same except that "motive" more often involves a goal that is criminal while the goal for "drive" is more socially acceptable.
Motive is a highly over-used, and mis-understood word in criminal justice.It is NOT necessary for the prosecution to prove WHY you did it, it need only prove that you DID do it.The defense may attempt to show that you had some altruistic reason (motive) why you did it -- or that you had no motive at all (therefore WHAT was your motivation [Mens Rea] for doing it). It is up to the jury to decide the issue - that is why they hold trials.
Motive and Mens Rea are not the same. Mens Rea is the blameworthy state of mind of the Defendant, whilst motive is just the reason and is irrevalnt in criminal liabilty. For example: D. stabs V. with the intent to kill, so he can marry his sister. The M.R 'intent to kill' is needed whilst the motive 'marry his sister' doesn't matter
MO, in the context of a serial killer, stands for Modus Operandi, which refers to the specific methods and behaviors used by the killer to commit their crimes. It includes details such as the selection of victims, the manner in which they are approached or attacked, and other distinctive elements of the crimes that are consistent across multiple incidents. In relation to criminal motive, MO focuses more on the how and what of the crimes, rather than the underlying psychological or personal motivations of the killer.
A by-motive is a hidden motive.
An ulterior motive is a motive that they have beyond the main motive. They often do not show that they have this motive and it is often not good. The ulterior motive is almost always has it for their own good only.