Causation Flashcards
Actual Cause
But for test
Acceleration–Defendant is an actual cause if the defendant’s voluntary act speeds up an inevitable result (death), even by a very brief amount of time.
Substantial Factor–Defendant is an actual cause if the defendant’s voluntary act was a substantial factor in causing the social harm
Direct Cause
No event of causal significance intervened b/w D’s conduct and the social harm for which D is being prosecuted.
Intervening Cause
An act or event which;
occurs after the D’s voluntary act and before the social harm; and
contributes causally to the social harm.
When there is a possible intervening cause, an IC analysis must be performed.
Dependent IC
Dependent If the IC occurs in response to or is dependent upon the D’s voluntary act.
D is the proximate cause unless
the IC was extremely unusual or bizarre
Independent IC
The IC is coincidental or independent, if the IC would have occurred regardless of D’s voluntary act.
D is not the proximate cause, unless
the IC was foreseeable