Talk:Motive (law)

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Motive or Intent

In this section about hate crimes, we state that "In Wisconsin v. Mitchell, the U.S. Supreme Court unanimously found that penalty-enhancement hate crime statutes...allow courts to consider motive [wikilinked] when sentencing". I'm not sure whether we mean motive or intent. Motive has to do with the criminal's background and, possibly, upbringing; intent is more immediate -- the state of his mind just before he committed his crime.

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);".

I'm doing some research into Mitchell but if anyone knows the answer, you can save me some time. I'm adding this discussion to the talk page of Hate crime as well. Thanks. --RoyGoldsmith (talk) 16:15, 30 October 2018 (UTC)[reply]

motive-

computer programs that were so malformed that he got really upset. 64.222.85.99 (talk) 03:47, 7 March 2023 (UTC)[reply]