Causation 1 Flashcards
Causation is an element of ___ crimes but not __ crimes
result, conduct
Actus reus requires (1) (2) (3)
(1) a voluntary act or omission
(2) causes
(3) the social harm
A _____ for causation is employed in criminal as opposed to torts
stricter test
But for cause does not show that the ____ it merely ___
D is the primary cause, narrows the field of actors who may be held criminally liable
But for cause asks ____
but for D’s voluntary act or omission would the social harm have occurred when it did
Generally intent to do one thing cannot ___
be used as substitute for an intent to do another
Transferred intent doctrine holds that a shooter can be liable for intentionally killing even if ___
that person was an unintended victim
Burrage facts
D gave victim heroin. Victim had other drugs in his system and died after taking the heroin
Burrage statute
The CSA imposes a 20 year min sentence to one who distributes Schedule 1/2 drugs and death or serious bodily harm results
Burrage holding
D didn’t cause the death
Burrage reasoning
(1) “results from” requires but-for causation but here without heroin victim still may have died
(2) can’t use substantial factor test
Why can’t Burrage use substantial factor test
only appropriate for multiple independent factors that could have independently caused the death. Here, each drug contributed but none was an independently sufficient cause
Paroline facts
D possessed 2 child porn images of victim so victim wanted 3.4 million
Paroline holding
determine how much D contributed to the victim’s overall harm in order for there to be justice
Paroline reasoning
(1) but for causation can’t be satisfied here
(2) not possible to prove her losses would be less (and by how much) but for one possessor’s individual role in the large, loosely connected network in which her images circulated
Paroline shows that but for tests can’t ___
always produce just outcomes so may need other causation tests
Proximate cause is a question of whether ___
fair and just to hold D liable
If D direct cause, then __
proximate cause is met
If there are intervening causes after D conduct but before harm and contribute to the harm Defendant is proximate cause unless the intervening cause is ____
extremely unusual or bizarre
If there are intervening causes after D conduct but before harm and contribute to the harm D is not a proximate cause unless the intervening cause is ___
foreseeable
King facts
K flew plane to transport marijuana and crashed it killing the victim. Charged with felony homicide
King statute
Second degree felony homicide is the killing of one accidentally contrary to the intention of the parties while in the prosecution of some felonious act
King holding
For the felony murder rule to apply, the death of a victim must be directly related in time, place, and causal connection to defendant’s commission of a felony
King reasoning
No causal connection between felony of drug distribution and killing by a plane crash
King says that felony homicide death must be ___
from an act caused by the felon from some effort to further the felony
King says that maybe if K ____ then conduct furthering felony
flying plane in reckless manner to avoid detection
King says that K can’t be liable simply because ___
in plane at time of the felony
Henderson facts
D encountered intoxicated man robbed him and left on side of the road partially undressed and in near zero degrees. Victim struck by car and died.
Ds in Henderson argued that the _____ caused the death
truck driver negligence (10 mph and no attempt to swerve or stop)
Henderson statute
A person is guilty of murder in second degree when under circumstances
Henderson holding
the ultimate harm was foreseeable as being reasonably related to acts of the accused
Henderson reasoning
the determination that Kibbe acted recklessly included a finding that the ultimate harm was foreseeable and that Kibbe caused Stafford’s death
Henderson says that the jurors likely would have considered a causation instruction ____ so ____
consistently with their consideration of the recklessness instruction, the additional definition would not have influenced the verdic
Cleaves facts
Victim had AIDS and wanted to avoid suffering. C helped tie victims hands and held to bed as victim strangled himself
Cleaves holding
Sufficient evidence to affirm conviction for second degree murder
Marti facts
D fixed the gun to enable his gf to kil herself. She was intoxicated at the time and had been depressed.
Marti D argues that once he set down gun ___
his participation in Gloria’s death ended as a matter of law (no causation)
Marti Trial court instructed the jury as to criteria for determining ___
whether intervening act of Gloria shooting herself was also a superseding act
Marti holding
Instruction on causation appropriate. only intervening causes which are also superseding relieve D of liability
Marti reasoning
jury needed to determine whether the intervening act of the victim shooting herself was also a superseding act
An intervening cause is a an ____
independent force which actively operates in producing harm to another after the actor’s negligent act or omission has been committed
Commonwealth v Carter facts
Charged with involuntary manslaughter for victim suicide. Texts between her and victim helping plan the suicide and downplaying his fears. During phone call during the suicide, C instructed the victim to get back into car full of carbon monoxide
Commonwealth v Carter holding
evidence sufficient to support judge’s finding C committed involuntary manslaughter
Common v. Carter reasoning
chain of causation broken when victim left the vehicle
Until victim got out of truck, victim cause of own suicidal actions
Carter says that after victim got out of the car the D ____
overpowered his will and caused the death
Why did Carter court say C overpowered victim’s will?
(1) in weakened state when left the car
(2) consistent with other suicide attempts where he would stop before too late
(3) Once got back in the truck, D did nothing to help
Deutsche Bank (DB) Facts
Victims killed in terrorist attack. Bank allegedly was a member in a conspiracy to commit acts of terror by providing financial services to Iranian financial institutions
DB says that in determining proximate cause _____ are all relevant factors
foresee ability, directness, substantiality
DB says a cause is superseding when it is ___
a cause of independent origin that was not foreseeable
