Are Means, Motive, and Opportunity Enough to Convict?

 Posted on February 13, 2025 in Criminal Law

Anyone who enjoys watching crime dramas has likely heard a prosecutor say they will show the jury that the defendant had means, motive, and opportunity to commit the crime (often a murder). In real life, means, motive, and opportunity can show the jury why the defendant was charged with the crime but are not legally sufficient to prove guilt.

At least, this is how the judicial system is supposed to work. Jurors tend to respond to a prosecutor walking them through these elements of a crime, even though theoretically showing that the defendant committed the crime beyond a reasonable doubt is the legal standard.

If you or a loved one has been accused of a criminal offense and are facing a trial, it is important to know just how "means, motive, and opportunity" could harm your case. Speaking to an Oakbrook Terrace, IL criminal defense attorney can ensure you understand your options and have a legal advocate in your corner who will fight for your rights and your future.  

What Are Means, Motive, and Opportunity?

"Means" is the defendant’s ability to commit the crime he or she is charged with. Does the defendant have the physical strength necessary to commit the offense? If the victim was killed at the top of a mountain accessible only by foot, does the defendant have the physical ability to hike to the top of the mountain to commit the crime? "Motive" is the defendant’s reason for committing the crime.

Jurors frequently want to know the "why" of a crime before they are ready to find a defendant guilty – although the motive is not always clear. Opportunity is the chance to commit a criminal offense at a specific time and place. If the defendant was teaching a class at 10:00 a.m. and the crime occurred at roughly 10:15, then he or she did not have the opportunity to commit the crime.  

What is the Burden of Proof?

The prosecutor has a legal responsibility to provide enough solid evidence to the jury so that the jurors can feel confident that each element of the crime has been proven beyond a reasonable doubt. Beyond a reasonable doubt is the highest level of proof required in the United States legal system. A person could be found not guilty in a criminal court of law but responsible for the same crime in a civil court because the burden of proof is lower in civil courts.

Beyond reasonable doubt in a criminal trial means that there is no reasonable alternative that would explain the crime based on the evidence and testimony provided. The theory behind the "beyond a reasonable doubt" standard is that a person who is wrongfully convicted of a criminal offense could lose his or her freedom. This means the prosecutor has a higher burden of proof.

Proving a crime beyond a reasonable doubt includes:

• Physical evidence like fingerprints, DNA evidence, blood evidence, etc.
•  Documentary evidence like photographs, videos, and legal documents.
• Eyewitnesses who actually saw the crime occur and have identified the defendant.
• Expert witnesses who have specific knowledge and skills relevant to the case.

What is the Presumption of Innocence?

The presumption of innocence is another central tenet of the U.S. criminal justice system. A person accused of a crime is presumed innocent until he or she is proven guilty beyond a reasonable doubt. In theory, an accused person is not required to prove his or her innocence; the prosecutor is required to prove that person’s guilt. In reality, society is often quick to judge a person who has been accused of a criminal offense. Even when a jury finds a defendant not guilty, that person’s innocence may remain in question in the court of public opinion.

Contact a Chicago, IL Criminal Defense Lawyer

Being charged with a criminal offense can be stressful, anxiety-inducing, and overwhelming without a Rolling Meadows, IL criminal defense attorney from Hartsfield Law by your side. Attorney Harsfield’s diverse background, ranging from representing indigent defendants for the Will County Public Defender’s Office to experience as an educator for the City Colleges of Chicago, significantly benefits his clients. Call 312-345-1700 to schedule your free consultation.