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no, motive plays no part in criminal liability.
a motive is something a criminal has
the motive
Look for motive -- e.g. who benefits.
Look for motive -- e.g. who benefits.
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
The MO, or modus operandi, is the way a criminal carries out the crime. If a husband kills his wife by shooting her and dragging her body to the yard to bury her, that is MO. Motive would be the reason he committed this murder. If he wanted insurance money, then the motive was money, monetary gain. The MO and motive are different.And signature is different from MO and motive. But there is usually an element of all three of these in every crime.
An example of a motive could be the desire for financial gain, power, revenge, or a sense of justice. Motives drive individuals to act or make decisions based on their underlying personal goals or values. In criminal cases, the motive is often a key factor in understanding why a particular action was taken.
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.