Causation Flashcards

1
Q

Causation

A

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.

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2
Q

But-for Analysis

A

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.

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3
Q

Substantial Factor Analysis

A

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.

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4
Q

Accelerated Causes

A

A cause which accelerates the victim’s injury is also an actual cause.

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5
Q

Independent Causes

A

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

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6
Q

Proximate Cause

A

A defendant is responsible for all the natural and probable consequences of his actions regardless of whether they were anticipated.

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7
Q

Intervening Causes

A

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)

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8
Q

Concurrence of the Elements

A

Defendant must have the required mental state at the same time he engages in the culpable act.

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