Causation Flashcards
Causation
Where a crime requires a specific result of defendant’s conduct, that conduct must be both the cause in fact and the proximate cause of the specified result.
But-for Analysis
A defendant’s conduct is the cause in fact of the prohibited result is that said result would not have happened “but for” the defendant’s conduct.
Substantial Factor Analysis
A defendant’s conduct is a cause in fact of the prohibited result if the conduct was a substantial factor in bringing about said result.
Accelerated Causes
A cause which accelerates the victim’s injury is also an actual cause.
Independent Causes
Defendant’s act will not be deemed to be the cause when a victim’s harm is the result of an independent act preceding the defendant’s.
-> simultaneous acts that create a chain (in concert)
-> egg-shell victims: pre existing conditions of victim do not alter casual chain
Proximate Cause
A defendant is responsible for all the natural and probable consequences of his actions regardless of whether they were anticipated.
Intervening Causes
An intervening act will shield the defendant from liability if the act is a mere coincidence or is outside the sphere of risk created by the defendant’s act.
-> act of god/nature, that can’t be traced back to any human intermediary like lightning
->act by the victim that assists in bring about the outcome(suicide or denying medical treatment if their injuries are foreseeable)
-> an act of an independent third party(medical malpractice is not an intervening cause as it is foreseeable)
Concurrence of the Elements
Defendant must have the required mental state at the same time he engages in the culpable act.