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250.7 Motive As Relevant To Defense Theories

    250.7.1 Good Motive May Negate Required Mens Rea
    250.7.2 When The Defendant Is Relying On A Necessity (Choice Of Evils/Emergency) Defense The Jury Should Be Instructed That Motive Is Relevant
    250.7.3 Motive: Application To Third Party Suspect

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 VOLUME 11 - CHAPTER 250

    See FORECITE National™ 252.11.7 [Good Motive May Negate Required Mens Rea].

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 VOLUME 11 - CHAPTER 250

    250.7.2    When The Defendant Is Relying On A Necessity (Choice Of Evils/Emergency) Defense The Jury Should Be Instructed That Motive Is Relevant

RATIONALE: The defense of necessity requires consideration of why the defendant acted (i.e., motive). Therefore, the standard instruction that motive is not an issue in the case should be modified or omitted in such a case.

POINTS AND AUTHORITIES: "Motive may be relevant in determining whether the defense of necessity applies, in establishing the element of intent, or in mitigating punishment." (Cook & Hermann, Criminal Defense Checklist (West, 1999 ed.) § 1.03 (15).)

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 4.1, 7.1].

    The defendant has raised the defense of necessity. To resolve the issues related to this defense, as I have instructed you elsewhere in these instructions, requires a consideration of the motive or purposes for the defendant’s conduct.

[Source: FORECITE National™.]

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 VOLUME 11 - CHAPTER 250

RATIONALE: When the defense theory is that a third party committed the offense, the defense should have the right to an instruction regarding the consideration of motive as to the guilt of the third party.

POINTS AND AUTHORITIES: In context, pattern motive instructions often refer to the defendant and no one else. Where evidence of the guilt of a third party is presented, the jury should consider the third party's motive in determining whether the third party evidence raises a reasonable doubt as to the defendant's guilt. (See FORECITE National™ 251.9.3 [Third Party Guilt: Right To Related Instructions (Flight, Motive, Etc.)]; see also Winfield v. U.S. (DC App. 1996) 676 A2d 1, 6 [evidence that third party possessed motive to kill murder victim and had attempted to do so in recent past was improperly excluded at trial, despite absence of evidence placing third party at or near murder scene].)

    It would violate federal due process principles to allow the prosecution to use a motive instruction to convict and not allow the defendant to use it to defend. (See FORECITE National™ 250.1.5 [Due Process Right To Balance Between Defense And Prosecution As Ground For Defense Theory Instruction ].)

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.3, 4.1].

PRACTICE NOTE: When the defendant offers evidence of third party motive, exclusion of such evidence may not be made on the basis of state law without balancing the exculpatory significance of the evidence against the competing state interest in the procedural rule upon which the evidence would be excluded. (See U.S. v. Gilmore (N.D. Ill. 1998) 997 FSupp 1019, 1033-34; see also Green v. Georgia (1973) 442 US 95, 97 [99 SCt 2150; 60 LEd2d 738]; Chambers v. Mississippi (1973) 410 US 284, 295 [93 SCt 1038; 35 LEd2d 297].)

    Motive is not an element of the crime charged and need not be proven by the prosecution. However, in  your deliberations, consider motive or lack of motive as a circumstance in this case. Presence of motive in the defendant or _____________ (insert name of third party) may tend to prove that person's guilt. Absence of motive in the defendant or _____________ (insert name of third party) may tend to show that the person is not guilty.  The weight, if any to be given the presence or absence of motive is for you to determine.

[Cf. CALIFORNIA JURY INSTRUCTIONS - CRIMINAL, CALJIC 2.51 [Motive] (West, 6th Ed. 1996)CALJIC (California).]