English folklore holds that an outlaw named Robin Hood once roamed the Sherwood Forest in central England, “robbing from the rich and giving to the poor.” By all accounts, Robin Hood was a thief. Why then is he such a popular figure? The answer perhaps is due to the nobility of his purpose…his motive in committing his crimes.
Theft is one of the most common offenses that we see in courtrooms across Minnesota. The offenses vary considerably…from petty theft to multi-million dollar investment scams. The offenders run the gamut of society as well, from young to old and from rich to poor.
Why does a person steal? I have asked hundreds of offenders convicted of theft that very question. Most cannot give me a reason why they stole. Those that do respond tend to indicate that they either needed or wanted the item that they took.
But does it matter? If a person takes some property that does not belong to them does it matter what motive they may have had?
Minnesota law provides that any person who “intentionally and without claim of right takes…property of another without the other’s consent and with intent to deprive the owner permanently of possession of the property” commits theft. The statute makes no mention of motive.
A person’s reasons for committing an offense are generally not relevant. The law in Minnesota has been summarized as follows: “Good motive alone is not a defense where the act done or omitted is a crime.”
But motive does sometimes influence the handling of a case. Law enforcement officers consider motive when deciding whether to make an arrest or pursue an investigation. Prosecutors take motive into consideration when they decide whether or not to bring charges and when deciding whether or not to offer a plea bargain. Judges similarly consider motive when sentencing offenders.
To illustrate the point, consider two offenders who have stolen a can of spray paint. The first offender has a serious addiction problem and has been caught numerous times “huffing” (inhaling the paint fumes). This offender intends to inhale the paint fumes to get high. The second offender steals the spray paint intending to commit an act of vandalism and deface a statue in the city park. While these two offenders committed the exact same offense, their motives are quite different and their cases might be handled a bit differently.
Motive can matter in other types of cases as well. For example, consider two motorists who are caught speeding. The first offender is in a hurry to get to the liquor store before it closes. The second offender is rushing to the hospital with his pregnant wife who is in labor. If you were the officer who stopped these offenders would you treat them the same? Many officers would escort the second offender to the hospital to ensure they arrive safely. I doubt that any officer would escort the first offender to the liquor store to make sure they arrived before closing.
People commit offenses for different reasons. Usually, a person’s motive is irrelevant. In some circumstances, however, motive is important and will affect the response of our criminal justice system.
As always, remember it is your court.
Rasmussen is a district court judge in the Ninth Judicial District. He is chambered in Clearwater County and works primarily in Clearwater and Hubbard counties. His e-mail address is:
