causation

Question 1

cause in fact

Answer 1

Actual cause
 But-for cause
 But for the defendant’s intentional/reckless act, would the harm to the victim have come about in the same way and at the same time?
 If yes, there is no cause-in-fact
. If no, there is cause-in-fact. For concurrent causes, ask, was defendant’s wrongful conduct a substantial factor in brining about the result?

Question 2

cause in law

Answer 2

Proximate (legal) cause
 Fundamentally, a matter of fairness: Should defendant be held legally responsible for victim’s injury?
 Transferred intent—Where D’s intentional act is directed at A but ends up harming B,D’s intent is transferred to B so as to holdD’s act the legal cause of harm to B.
 Direct vs. indirect cause

Question 3

Intervening causes

Answer 3

Causes An intervening act can be a
: coincidence—D’s act simply put V at a certain place and time where V could be acted upon by the intervening cause
 e.g., V runs from D’s hail of gunfire into the street, where Vis hit by a car
 response—a reaction, usually human, to the actions of D
 e.g., after V is shot by D, bystander, B, shoots at D in defense of V but hits A
 An intervening act should break the causal chain unless it was foreseeable

Question 4

intoxication and causation

Answer 4

Caibaiosai (Wisc. 1985): Statute prohibited causing a death by driving while intoxicated.
 What causal connection had to be shown?
 operation of vehicle
 death?
 intoxication
 death?
 Strict liability offense, likened to felony murder

Question 5

Do problem on p 206

Answer 5

Carolyn
 Causation between her actions and Alan’sdeath?
 What crime?
 Barbara
 Causation between her actions and Alan’sdeath?
 What crime?