NCJ Number
28918
Journal
American University Law Review Volume: 24 Issue: 3 Dated: (SPRING 1975) Pages: 797-833
Date Published
1975
Length
37 pages
Annotation
THIS COMMENT EXAMINES THE NATURE OF THE POLITICAL OFFENSE AND THE POLITICAL MOTIVE DEFENSE AND EXPLORES THE POSSIBLE UTILITY OF RECOGNIZING THE CONCEPT IN AMERICAN CRIMINAL LAW.
Abstract
THE POLITICAL MOTIVE DEFENSE IS BASED ON THE DEFENDANT'S CLAIM TO HAVE ACTED OUT OF A POLITICAL MOTIVE AS A CONDITION OF EXCULPATION OR AS A MITIGATING FACTOR. THE CONCEPT OF MENS REA AND THE DEFENSE OF GOOD MOTIVE IS ANALYZED. CONSIDERED ARE THE DISTINCTION BETWEEN MOTIVE AND INTENTION, THE GOALS OF CRIMINAL LAW, AND THE OPERATION OF MOTIVE IN THE CRIMINAL LAW. ALSO DISCUSSED ARE EXAMPLES OF THE POLITICAL MOTIVE DEFENSE AS A CONDITION OF EXCULPATION AND THE USE OF MOTIVE IN MITIGATION OF SENTENCE. THE AUTHOR RECOMMENDS SANCTIONING OF THE USE OF MOTIVE AS A CONDITION OF EXCULPATION, JURY INSTRUCTION AS TO ITS PREROGATIVE TO NULLIFY THE LAW, AND/OR THE CONSIDERATION OF MOTIVE AS A FACTOR IN MITIGATION OF SENTENCE, WITH MORE WEIGHT BEING GIVEN TO THE LAST PROPOSAL.