Posted by:
MJ
(
)
Date: July 01, 2011 09:38PM
Regarding snb's statement "My response was that we really can't read people's minds, and that there are a lot of hidden factors that probably go into their motivation and that it isn't worth it to try and figure them out. His response was that we can glean motives based on behavior."
I was on a jury for a criminal case once, for part of the verdict, we had to determine the "intent" (motive) of the person committing the crime. The instructions to the Jury included a discussion on valid and invalid ways of using behavior to determine "intent". The question was if the defendant was guilty of a premeditated racially motivated hate crime. All we had to look at was behavior as presented in court. Had the charge been "racially motivated hate crime", we would have convicted, his behavior clearly showed a hate for the race, a lack of need to inflict the injury, a statement that the injured deserved because of his race, etc.. Even in the courtroom, the defendant showed a hate for the race of the person that he had injured. The problem was, the behavior of the defendant prior to the crime indicated that he could not have known that a person of that race would have been at the crime scene. Since he could not have known there would have been a person of that race at the crime scene, it was difficult to say that he went to that spot motivated by the idea of harming someone of that race, and the location was chosen for other reasons, ease of robbing. So, the behavior of the person indicated that his motive for this charge was indeed a racially motivated hate crime, but his behavior did not indicate any thing that would indicate premeditation, indeed, the motive for the rest of the crimes was clearly to get money for highly addictive drugs (again, a conclusion based on the behavior of the defendant).
That is a long winded explanation of how I came to learn that the USA legal system certainly believes that one can determine motive by looking at behavior, since we were instructed to use the person's behavior to determine just that.
Edited 2 time(s). Last edit at 07/01/2011 09:57PM by MJ.