Causation Flashcards
2 Common Law Approaches to Causation
- Actual Causation - “But for”
2. Legal Causation
Actual Causation - “But for”
“Whether there is sufficient evidence to conclude that the defendant was a (emphasis on ‘a’) cause of the victims…”
Ex: the death of a victim, would not have occurred “but for” the D’s conduct
Legal Causation
“Even if actor is a (emphasis on ‘a’) cause, intervening and/or remote unforeseeable events sometimes intrude a defendant’s conduct and the ultimate result in such a fashion as to ‘break the causal chain’ between act and result”
Year and a Day Rule
At C/L, D’s conduct could not be deemed to be the legal cause of a homicide unless the victim died within a year and a day following the defendants acts
Legal Causation Tests
Modern courts use different tests to determine whether the actors actions were tied sufficiently to the victim:
- Substantial factor - in the ultimate result
- Whether the ultimate result was foreseeable
- Or, reasonably foreseeable
- Proximate result
- Sufficiently direct result
- Natural and probable consequence - of D’s conduct
Natural and Probable consequences (Legal Causation Test)
- Whether D’s conduct contributed to the ultimate result; or
- Whether the result was highly extraordinary
When do the Legal Causation Tests apply?
Usually case by case basis, the Courts look to…
- The D and ask what did he or should he have reasonably foreseen; or
- They look at the other actual causes of the victim’s death, if any, and ask how unrelated to the D’s acts were these independent occurrences
Dependent Intervening Cause
Involves a response to D’s actions. Breaks the chain of causation only when the result is abnormal
Independent Intervening Cause
Unrelated to a D’s actions and is essentially coincidental. Always relieves D of criminal responsibility, unless it was foreseeable
MPC Approach to Causation
Causation exists when conduct is the causal result, and EITHER “it is an antecedent but for which the result in question would not have occurred,” OR “the relationship between the conduct and the result satisfies an additional causal requirements imposed by the Code or by the law defining it”
Whether “too remote or accidental” to find D responsible
MPC Exception
When purposely or knowingly causing a particular result in an element of an offense, the element is not established if the actual result is not within the purpose or the contemplation of the actor
Recklessly or Negligently (MPC Approach)
When recklessly or negligently causing a particular result is an element of the offense, the element is not established if the actual result is not within the risk of which the actor is aware or, in the case of negligence
Negligent Medical Care
Generally, does not act as intervening factor that breaks the casual chain:
- Negligent medical care - does not break the causal chain
- Gross Negligent medical care - breaks the causal chain
Intoxicated Drivers
C/L: Bartender can be charged for serving customer too much who then drives drunk
High Speed Chases
A D who attempts to flee police in his car can be held criminally responsible for death
