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Words: | Submitted: Mon Jun 19 2006
... motive allowed him to escape criminal liability. The question raised here is the true meaning of intention and the reasons of its confusion with motive. To answer to this question, let's first examine the meanings of 'intention' to see whether similarities exist with motives. Second, we will look at the application of intention especially in murder cases to see whether or not judges and jury confuse intention and motives in their decisions. Motive and intention differ in the role they play in criminal law especially for the determination of criminal liability. Generally, while an offence (actus reus) has been committed, the prosecutor has to examine the state of mind (mens rea) of the accused at the time of the offence. In many offences, the mens rea required is that of intention to cause the prohibited act such as in murder cases. In its current meaning, intention is defined as 'act of wanting ...
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