Motivation can be used during sentencing but it can also be used to figure out what crime someone's committed. If the police find a guy in my house, he might be

Motivation can be used during sentencing but it can also be used to figure out what crime someone's committed. If the police find a guy in my house, he might be trespassing or he might be a burgler: it depends on whether he's freezing and homeless or whether he lockpicks and a receipt indicating I bought a safe.