Causation

Question 1

Actual (“But For”) Causation

Answer 1

Determines whether D’s voluntary act or omission is a causal factor

“But for” test: but for D’s voluntary act/ omission, would the social harm have occurred when it did? If no, then D is an actual cause.

Question 2

Proximate (Legal) Cause

Answer 2

When the defendant’s conduct is the direct cause of the social harm (when there are no intervening causes) it would be fair and just to hold the defendant criminally liable

Asks whether the D’s actions were a substantial cause of the harm

Policy consideration: : Rooted in the theory of retribution, and the idea that a person should not be punished for a harm they were not a significant cause of.

Question 3

Dependent (Responsive) Intervening Acts

Answer 3

Dependent upon D’s voluntary act

D is the proximate cause unless the intervening cause is extremely unusual or bizarre

Even if it’s not foreseeable, the D is still liable

Question 4

Independent (Coincidental) Intervening Acts

Answer 4

Independent of D’s voluntary act

D is generally relieved of criminal liability (not the proximate cause) unless the intervening cause is foreseeable.

Intervening act is independent if it would have occurred regardless of the D’s voluntary act.

Question 5

Different Factors Courts Consider to Determine if Defendant is Proximate Cause

Answer 5

De Minimis Contribution to Social Harm Factor
- If the ∆’s voluntary act caused minor social harm compared to social harm resulting from a substantial intervening cause, the law will treat the latter as the proximate cause of the social harm.

The Intended Consequences Doctrine
- If the actor intended the consequences that resulted from their act, they are generally the cause of them.

The Omissions Factor
- Omissions rarely, if ever, serve as a superseding cause, even if under a duty to act.

The Foreseeability Factor
- A defendant cannot escape liability when an intervening act is foreseeable, whereas an unforeseeable intervening cause is likely to be found superseding in nature

The Apparent Safety Doctrine
- A defendant may not be considered the case of death when the victim was put in danger but had a route to safety, but instead put himself in further harm, leading and ultimately causing injury or death.

Voluntary Human Intervention
- Defendant may be relieved of criminal responsibility if intervening cause was the result of a free, deliberate, and informed human intervention.