CAUSATION Flashcards
Actual causation
factual causation
but for test- but for defendants voluntary act or omiission would social harm have occured when it did
if yes- then def is not the but for cause
acceleration theory
even if you accelerate a persons death just by a second, and they were going to die anyway, you are still a but for cause.
remember, test asks wehtehr but for the voluntary act of teh defendant, the harm would have ocurred WHEN IT DID
Proximate causation
intervening act of causal significance occurs after Ds voluntary act but before social harm occurs typical intervening act: 3rd party act of nature act or omission by victim
Proximate Causation tests (CL)
Foreseeability
apparent safety doctrine
free deliberate informed human intervention test
intended consequences test
Foreseeability- Responsive Intervening Act
Act is response to situation D created (actions of victim to avoid harm/ actions of bystander to rescue/ actions of medical personnel to treat victim)
Presumptively foreseeable
Foreseeability-Coincidental Act
D places victim in a place where it is possible she can be acted upon by the intervening act
presumptively unforeseeable
unforeseen acts = not criminally liable
Apparent Safety Doctrine
Has the victim reached a point of apparent safety?
If so, intitial wrongdoer is relieved from criminal responsibility
- after victim reached place of safety there was an intervening act that superseded the defendant’s conduct thereby breaking the causal line between defendants act and social harm that occurred
People v. Rideout
Second accident once reached apparent safety
State v Preslar
escaped husband and when to father’s house but didint knock on door to wake him up and froze to death
Free Deliberate Informed Human Intervention Test
Decision making on part of the victim
Velasquez v State
drag race “killed himself”
Intended Consequences Test
looking backwards from social harm until a jury finds an actor with the intent to cause harm
MPC proximate cause
DOES NOT USE
concept tied to culpability
asks if too remote or too accidental
