Causation

Question 1

Actual Cause

Answer 1

cause without which the event could not have occurred; but for test

result would not have occurred but for the action of the defendant

Question 2

Proximate Cause

Answer 2

Cause that directly produces event; cause that is legally sufficient to result in criminal liability

Every proximate cause is an actual cause but not every actual cause is a proximate cause

Question 3

Substantial Factor Test

Answer 3

Cause is a substantial factor if one of two or more independent causes, if it had occurred alone, would be sufficient to cause the event to occur

Question 4

Acceleration/Aggravation Theory

Answer 4

1. If one ACCELERATES death, it would be the proximate cause
2. if one AGGRAVATES it, it is not a proximate cause

Question 5

Determining Proximate Cause

Answer 5

1. voluntary act of a defendant
2. resulting social harm
3. intervening causes

Question 6

Outline

Answer 6

1. C&R approach oui or non
2. define it and intervening cause
3. would it break the causal chain
4. does any doctrines apply

Question 7

Intervening Cause

Answer 7

event that comes between initial even in a sequence and the end result, altering the natural course of events that might have connected a wrongful act to an injury

1. severs chains of actual causation
2. foreseeable intervening causes never break the chain of proximate chain

Question 8

Coincidental Intervening Cause

Answer 8

D’s act merely put V at a certain place at a certain time and because V was so located it was possible for V to be acted upon by the intervening cause

Will only break causal chain only it is UNFORESEEABLE from obj. perspective

Question 9

Responsive Intervening Cause

Answer 9

intervening cause reacted to conditions created by D

Breaks causal chain when HIGHLY ABNORMAL or BIZZARE

Question 10

Doctrines for Proximate Causation

Answer 10

1. Intended Consequence Doctrine
2. Omissions Doctrine
3. Coincidental/Responsive Causes
4. Apparent Safety Doctrine
5. Voluntary Human Intervention Doctrine
6. Relative Remoteness (MPC)

Question 11

Intended Consequences Doctrine

Answer 11

any intended consequences of an act is a proximate cause if intentional wrongdoer accomplishes the result desired

if an intentional wrongdoer accomplishes the result desired in the manner desired, he will not escape crim.

Question 12

Omissions Doctrine

Answer 12

omission can NEVER function as a superseding intervening cause to relive someone of criminal liability

Question 13

Apparent Safety Doctrine

Answer 13

when a person reaches a position of safety, the original wrongdoer is no longer responsible for ensuing the harm

Question 14

Voluntary Human Intervention Doctrine

Answer 14

a person is not criminally responsible if there is an intervening cause that springs from free, deliberation, and informed human action

Question 15

Relative Remoteness

Answer 15

whether the actual result is too remote or accidental in occurrence

Question 16

MPC P.C.

Answer 16

But-for causation is only strict requirement, remaining issue is proper scope of liability based on actor’s culpability

1. involves relative remoteness; is the actual result too remote or accidental

Question 17

MPC Causation

Answer 17

Purpose/Knowledge: culpability is not satisfied if the actual result is not within actor’s purpose of contemplation

Recklessness/Negligence: culpability is not satisfied if the actual result is not within the risk of which the actor was aware/should have been aware.

Question 18

Type of Intervening Cause When It Is Sufficient to Break Chain of Proximate Cause

Coincidental Must be unforeseeable
Responsive Must be highly abnormal or bizarre