Does a defendant have a motive or intent to commit a crime?
California, United States of America
The following excerpt is from People v. Jahina, B230042 (Cal. App. 2012):
Motive and intent are not synonyms. "Motive" describes the reason a person chooses to commit a crime, e.g. to impress someone, to get revenge against someone. "Intent" describes the defendant's mental state in committing the crime, e.g. intent to deceive. (People v. Hillhouse (2002) 27 Cal.4th 469, 503-504.)
The judgment is affirmed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime, does other-crimes evidence admissible? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
If a defendant harbored the intent to kill at the outset, and committed the same crime at the start of the crime, will the special circumstance apply? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
What is the test for establishing that a defendant has committed a crime committed while an accomplice is also involved in the crime? (California, United States of America)
If a defendant harbored the intent to kill at the outset, and committed the same crime at the start of the crime, will the special circumstance apply? (California, United States of America)
Does the concept of unanimity apply to a defendant's motive for committing a crime or the theory underlying the crime? (California, United States of America)
