Causation Flashcards
Definition of Causation
Requires actual causation (but for) and legal causation (Foreseeability)
When should causation analysis be performed
In results crimes (homicide)
Common law Causation approach
Was D’s conduct a but for cause of result?
Was there an intervening cause?
If yes, was it foreseeable and reasonably related?
If yes - Dependent - legal causation
If no - Independent- no legal causation
Common law and medical care
Normal and foreseeable response to injury unless outrageously improper or inappropriate as to be abnormal
Year and a day rule
Def cannot be charged with homicide unless victim died within a year and a day
MPC Causation approach - knowingly
Was D’s conduct a but for cause of result?
Is the result within the purpose or contemplation of the actor
Is the actual result of the same kind of injury or harm as contemplated and is not too remote or accidental in its occurence?
MPC Causation approach - recklessly
Was D’s conduct a but for cause of result?
Is the result within the risk actor is aware of or should have been aware?
Is the actual result of the same kind of injury or harm as contemplated and is not too remote or accidental
MPC and Negligent medical care
Is the negligent medical care too remote or accidental
Concurrent causation
Two independent acts at the same time - both actors are fully criminally liable
