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In criminal law, there is a sharp distinction between intent and motive.

But this distinction is often


neglected. Motive is the moving power which impels one to action for a definite result, whereas intent
is the purpose to use a particular means to effect such result. Motive is often not an element of a
crime, while intent normally is. The question of motive then suggests an inquiry into the state of mind
of a person and his thoughts (which is difficult, if not impossible, to conclusively determine), while
intent can be established based on a persons manifest, external actions, e.g., intent to kill is
established when a person inflicts mortal wounds on a person. By distinguishing between intent and
motive, the chances of legislating thought-crimes are avoided since the commonly required element
of criminal intent will only be manifested once there are overt acts (or omissions) by an accused. It is
a principle in criminal law that one is punished for ones actions, not for what one thinks.

Motive vs Intention
Motive and intention are both aspects in the field of law and justice. They are also
associated with a suspect with the particular purposes of proving or disproving a
particular case or crime.
Motive refers to the reason or the why the crime was committed. It is often the
background of the suspect in committing the alleged crime. As a background, motive
comes before intent. Unlike intent, motive can be determined, but its existence doesnt
exactly prove guilt. It can be refuted by evidence or an alibi on a suspected persons
part (often referred to as a person of interest in criminal jargon). A motive is often
based on the probability that the person has reason to commit the crime but no
supporting evidence that the motive was carried out in the action. Motive is an initial
factor but not a conclusive action to link a person to the crime.
Motive is also based in the realm of psychology. Motive, as a psychological term, is
also known as the drive and is often classified into two main types the physiological
motives and the psychological or social motives.
Intent, on the other hand, is the supposed action or purpose of the crime. It is the
result of the motive and has a higher level of culpability since a harmful action was
committed. Intent is characterized as a deliberate action and conscious effort
to break the law and commit the offence. Intent resides in the field of law where it is
defined as the planning and longing to perform an act. It is present in both criminal
law and tort law.
To be specific, a scenario of intent in criminal law often involves the prosecutor in a
court of law filing a charge of a crime against a suspect with veritable motive and
intent. Since the intent is the final goal of the motive, it needs to be proven in order to
prove that the suspect did to commit the crime. Intent has morelegal standing and

weight compared to motive in a court of law and is a requirement to make a case


along with the means and opportunity.
As for criminal intent, there are four levels as described in the Moral Penal Code:
(1) Purposely At this level, the suspect expresses his purpose to commit a specific
crime against a particular person.
(2) Knowingly The suspect has knowledge and consciousness that his actions will
be considered a crime in the eyes of the law. However, the suspect can inflict a crime
on a person who is not his intended victim.
(3) Recklessly The suspect knows the risks involved in his actions and the situation
but disregards the risk and continues to perform the crime regardless.
(4) Negligently The suspect does not take into account various possible scenarios
that will happen during the action of the crime which often leads to losing control of
the situation and probably causing more casualties.
Summary:
1.Motive and intent are very closely related to each other. Motive precedes intent in
terms of action.
2.Motive is mainly in the field of psychology whereas intent is nestled in the field of
law.
3.Motive is the reason behind the intent while intent is the background of the
committed crime.
4.Both motive and intent should be proven beyond a reasonable doubt, but intent has a
weightier standing and bearing in a court of law compared to motive.
5.Intent is part of the three aspects to prove the crime (with means and opportunity)
while motive can stand for itself.
6.Motive applies to all persons of interest which can include the suspect. However,
intent can be solely focused on the suspect.
7.Motive is very arbitrary. It cannot prove or justify guilt or the actions pertaining to
the crime. A person with a motive can be eliminated or solidified with the help of the
evidence or alibi. In the case of intent, the evidence or alibi solidified the case against
the suspect.

Read more: Difference Between Motive and Intention | Difference Between | Motive
vs Intention http://www.differencebetween.net/language/words-language/differencebetween-motive-and-intention/#ixzz3dSARhmTi

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