Statute
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| - | In law, especially [[criminal law]], a ''motive'' is the cause that moves people and induce a certain action. Motive in itself is seldom an element of any given [[crime]]; however, the legal system typically allows motive to be proven in order to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with. | ||
| - | The law technically distinguishes between motive and [[intent]]. "Intent" in criminal law is synonymous with ''[[mens rea]]'', which means no more than the specific mental purpose to perform a deed that is forbidden by a criminal [[statute]], or the reckless disregard of whether the law will be violated. "Motive" describes instead the reasons in the accused's background and station in life that are supposed to have induced the crime. | + | # Written law, as laid down by the [[legislature]]. |
| - | + | # {{legal}} (Common law) Legislated rule of [[society]] which has been given the force of law by those it governs. | |
| - | Motive is particularly important in prosecutions for [[homicide]]. First, [[murder]] is so drastic a crime that most people recoil from the thought of being able to do it; proof of motive explains why the accused did so desperate an act. | + | |
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| - | Moreover, most [[common law]] [[jurisdiction]]s have statutes that provide for degrees of homicide, based in part on the accused's mental state. The lesser offence of voluntary [[manslaughter]], for example, traditionally required that the accused knowingly and voluntarily kill the victim (as in murder); in addition, it must be shown that the killing took place in the "sudden heat of passion," an excess of rage or anger coming from a contemporary provocation, which clouded the accused's judgment. Homicides motivated by such factors are a lesser offense than murder "[[in cold blood]]." | + | |
| - | == See also == | + | |
| - | *[[Means, motive, and opportunity]] | + | |
| + | ====Derived terms==== | ||
| + | * [[statutory]] | ||
| + | * [[statutorily]] | ||
| + | * [[statutory rape]] | ||
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- Written law, as laid down by the legislature.
- Template:Legal (Common law) Legislated rule of society which has been given the force of law by those it governs.
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