Causation Flashcards
ACTUAL CAUSE/CAUSE IN FACT
A person is not guilty of an offense unless she is an actual cause of the ensuing harm.
Both the common law and the MPC provide that conduct is the “actual cause” of the prohibited result if the result would not have occurred but for D’s conduct
Causation
Voluntary act or omission must result in the social harm
“BUT FOR” TEST
“But for” D’s voluntary act or omission, would the social harm have occurred when it did?
Substantial Factors Test
“Was D’s conduct a substantial factor in the resulting harm?”
*(works for MC Q’s not in real life)
Accelerating a Result
Even if an outcome is inevitable (i.e.: everyone dies, but if D’s act accelerated death, he can be found criminally liable)
Concurrent Causes
If, in the case of infliction of harm from two or more sources, each act alone was sufficient to cause the result that occurred when it did, the causes are concurrent sufficient causes and each wrongdoer can be found criminally liable
PROXIMATE CAUSE/LEGAL CAUSE
A person who is an actual cause of resulting harm is not responsible (morally blameworthy) for it unless he is also the proximate (or “legal cause”) of the harm and how much he should be punished
Judges and juries select proximate causes of harm
Direct Cause
An act that is a direct cause of social harm is also a proximate cause of it.
No o/ person but the was the direct cause of the harm
Intervening Causes
An independent force that operates in producing social harm, but which only comes into play after D’s voluntary act or omission
Has 6 intervening factors
De Minimis Contribution of the Social Harm
Sometimes a D’s causal responsibility for ensuing harm is exceptionally insubstantial in comparison to that of an intervening cause.
Foreseeability of the IC
Some cases have held that D cannot escape liability if the intervening act was reasonably foreseeable, whereas an unforeseeable intervening cause is superseding in nature.
law splits forseeability into responsive and coincidental ICs
Responsive/Dependent IC
An act that occurs as a result of D’s prior wrongful conduct.
Generally, a responsive/dependent IC does not relieve the initial wrongdoer of criminal responsibility, unless the response was highly abnormal or bizarre
Coincidental/Independent IC
A force that does not occur in response to the initial wrongdoer’s conduct. The only relationship between D’s conduct and the IC is that D placed V in a situation where the IC could independently act upon him
CL rule relieves the original wrongdoer for criminal responsibility unless the intervention was forseeable
Intended Consequences Doctrine
A voluntary act intended to “bring about what in fact happens, and in the manner in which it happens, has a special place- courts often tract the cause of social harm backwards thorough other causes until they reach an intentional wrongdoer
Apparent Safety Doctrine
A D’s unlawful act that puts a V in danger may be found to be the proximate cause of resulting harm, unless the V has a route to safety but instead puts herself in further harm, which causes the injury of death
