Causation

Question 1

Proximate Cause

Answer 1

the defendant’s act sufficiently relates to the resulting harm such that the defendant caused the harm to the victim
Also “but for” causation and cause in fact

Question 2

Substantial Factor test

Answer 2

when multiple actor’s cause harm, if any one factor could be a substantial cause of the resulting death then the defendant is criminally liable if the causes were concurrent and operative at the time of death
Case: Severe child abuse, death resulting from drug overdose, internal bleeding from being beaten, malnourishment, etc

Question 3

Acceleration test

Answer 3

if the actor causes the person to die faster than they otherwise would have after already suffering a fatal injury, they have proximately caused the death and are criminally liable

Question 4

Likelihood of survival

Answer 4

perpetrator moves another person, intentionally so they cannot receive help

Question 5

Intervening Cause

Answer 5

an unforeseeable event that breaks the chain of causation between the actions of the defendant and the harmful result. Must be both abnormal and unforeseeable, if it is responsive rather than coincidental or foreseeable rather than unforeseeable then the defendant still proximately caused the resulting harm