Causation

Question 1

Causation: The Model Penal Code

Answer 1

• But / For Cause

and

• relationship between the conduct and the result satisfies any additional causal requirements by MPC or Law.

Question 2

A Rare Exception to But For:

Answer 2

A defendant may still be the cause of death even though absent his conduct, the death would have occurred anyway.

Consider a victim who is shot by two individuals simultaneously.

Question 3

Proximate Cause:

Answer 3

• actual result is within the purpose or contemplation of the defendant.
• within the risk of which he is or should be aware.

Question 4

Causation: Still Culpable If…

Answer 4

Different person or property than contemplated or risked.

Harm caused less severe than contemplated or risked.

Harm is not too remote or accidental to have just bearing on liability.

Question 5

The “Substantial Factor” Test

Answer 5

• Number and extent of other factors contributing to the harm.
• Whether forces created by the actor are continuous.
• Lapse of time between the act and any harm

Question 6

“Continuous Forces”

Answer 6

The forces set into motion by the “but for” act must remain in continuous and active operation up to the time of the harm for the act to be considered a substantial factor in producing the harm

Question 7

“Time Lapse”

Answer 7

As the length of time between an act and harm increases, more time is available for other factors to contribute to the harm – and for the “but for” act to become less substantial in relation to those factors.

Question 8

The “Foreseeability” Test

Answer 8

An independent intervening cause will not supersede the defendant’s act unless the result is highly extraordinary.

The test is an objective one.

Question 9

Modern Statutes: Principal

Answer 9

A principal is one who, with the required mental state,

1) engages in the prohibited conduct or
2) causes the prohibited result.

In other words, the one who did it – allegedly.

Question 10

Modern Statutes: Accomplice

Answer 10

An accomplice is one who, with the intent that the crime is committed, aids, counsels, or encourages the principal before or during the commission of the crime.

Other verbs of accomplice liability include solicits, abets, or agrees, depending on the jurisdiction.

Question 11

Accomplice Liability: Merger

Answer 11

An accomplice is responsible for:

the crimes he counseled.

any other crimes committed in the course of committing the crime contemplated, as long as the other crimes are probable or foreseeable.

Question 12

Accomplices

Answer 12

Accomplices are generally treated as if they had actually committed the crime at issue – that is, as if they are principals.

See 18 U.S.C. § 2(a).

Question 13

Accessory After the Fact

Answer 13

• knowing a person has committed a FELONY.
• Receives, Relieves, Comforts or Assists that person.
• Major Object of Crime - DONE.

1) harboring a fugitive.
2) Aiding Escape
3) Obstructing Justice.
- aiding by destroying evidence
- lying
- covering up d’s trail.

Question 14

Reckless / Negligent Causation

Answer 14

Not Established, when:

1) The Actual Result is not one of the risks of which the actor is aware, or
2) In the case of Negligence, one of the risks of which the actor should have been aware.

UNLESS (Actual Result)

1) Involves only a different person / Property
or
- injury is not as bad.

or

2) - Involves same kind of Injury AND
is not too remote.

Question 15

Purposely / Knowingly Causation:

Answer 15

Not Established, when:
1) Actual Result is not within the PURPOSE or CONTEMPLATION of the actor.

UNLESS (Actual Result)

1) Involves only a different person / Property
or
- injury is not as bad.

or

2) - Involves same kind of Injury AND
is not too remote.