Methods of Argumentation by Walton Douglas

Author:Walton, Douglas [Walton, Douglas]
Language: eng
Format: epub
Publisher: Cambridge University Press
Published: 2013-08-31T00:00:00+00:00

1. Some Short Examples and an Introductory Survey

Motive cannot be proved directly, because it is part of an agent’s state of mind. It has to be proved indirectly by inference using circumstantial evidence (Wigmore, 1940, §§385, 327). Circumstantial evidence of an agent’s motive comes from actions, either committed by the agent or by other agents, for example, from an injury that another party has done to the agent. Once the existence of the motive has been established, it can lead to a second inferential step (Leonard, 2001, 447) in which it is used to conclude that the agent committed a particular act, that the act in question occurred or that the agent had some state of mind (in criminal cases, a guilty mind).

In the following example (Leonard, 2001, 447), circumstantial evidence of the defendant’s theft activity was taken as relevant evidence of his motive. The defendant was charged with the murder of the victim, but claimed not to have been involved. However, the prosecution had evidence that the defendant had been involved in a car theft prior to the killing, that the victim knew about the theft and that the victim had threatened to reveal the theft to the police. Leonard (448) structured the inference from evidence to motive in this case as follows.

EVIDENCE: Defendant stole a car, victim was aware of the fact, and victim threatened to inform the police.

INFERENCE: Defendant had a motive to prevent victim from revealing the theft to the police.

CONCLUSION: Defendant murdered victim to prevent victim from revealing the theft to the police.

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