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16 Octr. 1804.
EVID. B. Circumstantial. Ch. Motive.
1.
Motive – a topic frequently
brought to view in
the character of a
source of evidence. p.1.
2.
Improper, if single;
proper, if in company.
p.1.
3.
No sort of motive to
the action of which
every human being is
not exposed. p.2.
4.
But in a sinister direction,
by this or that
motive, one man may
be known to be more
apt to be wrought upon
than another. p.2.
4 (a)
Instance, sexual desire.
1. Lawless case Dublin 1803.
2. Desire of Wealth, gratification
sought by homicide
– Donellan's exultation
to the Gardener. p.2.
5.
The use of evidence
shewing deft to have
been under the action of
this or that motive, is
rather to repel the objection
of improbability
drawn from the want
of an adequate instigating
motive. p.3.
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1.
Motive disposition and
opportunity require to be
considered together. p.1.
2.
Motive produces will:
opportunity power: disposition
& opportunity,
only tho' distinct from
motive, operate sometimes
in the same way in the
character of evidentiary
circumstances. p.1.
3.
In the character of
a criminative cirucmstance
this or that motive is
frequently adduced: rightly
if with others, otherwise
not. p.1.
4.
If proof of a man's
being exposed to the action
of this or that
seductive motive were
sufficient proof of delinquency,
almost every
man, at all times,
might be proved guilty
of all crimes. p.1.
5.
Nothing therefore is
added to the proof of
delinquency, by proof
of a man's being exposed
to the action
of this or that motive,
unless it be of the
number of those that
point out a particular
person for their object,
such as enmity, & sexual
desire: of thing, as
in case of depredation,
the thing having a pretium
affectionis. p.2.
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1.
Motive adequate to the
production of the offence,
indication of it sometimes
deemed requisite – why –
to repel the objection of
the improbability produced
by the punishment c
attached to the offence.
p.1.
2.
Motive being the cause
of action, facts related
to the act in the way
of causality, however
remotely, may be considered
as comprized under the
name motives – viz –
1. Object exciting the desire
2. Means of gratifying
it – ex. gr. contemplation
or acquisition of necessary
instruments.
3. Opportunity. p.1.
3.
Of the existence of the
interior motive – the desire
no proof can be requisite
since all desires exist in
all men. p.2.
3. (a)
Except sexual desire,
where not formed, or extinct.
p.2.
4.
The sort of motive requiring
and susceptible of
proof is different in the
case of different desires –
ex. gr.
1. Enmity. If towards a
particular individual, may
either some specific cause
must be shewn, or at
least the direction of the
desire towards the particular
individual in question
as its object. p.3.
5.
Parricide motive in Blandy's
case –
1. Gain by succession.
2. Union with Cranston the lover.
p.4.
6.
Murders of Wives without
direct evidence –
Motives shewn – Enmity
proved by particular
manifestations. p.4.
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7.
Incendiarism – Motive
shewn – gain by insurance.
p.4.
8.
Where desire of wealth is
the interior motive, the
exterior motive to be shewn –
is the event or state of
things, by which the
supposed delinquent would
in consequence of the
obnoxious event be put in
possession of the specified
portion of wealth. p.5.
9.
The fact to be shewn
under the name of
motive is – not the existence
of the desire, but
the excitation of it by
a particular object –
1. Enmity in Nilo excited
by Clodius
2. Sexual desire in Tarquinius
excited by
Lucretia.
3. Desire of wealth in
Hæres excited by prospect
of succession to
Amerinus.
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047 |
evidence |
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[[info_in_main_headings_field::evid. b [ ] circumstantial ch. [ ] motive]] |
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marginal summary sheet |
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d20* / f24 |
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john herbert koe |
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