Causation

Question 1

Factual Cause

Answer 1

“but for” cause (concurrent causation is a thing if both parties are the but for cause)

Question 2

Proximate Cause

Answer 2

cause within the natural sequence which caused death and without that sequence the death would not have occurred

Question 3

Direct Cause

Answer 3

D is liable as the direct cause

Question 4

Intervening Act

Answer 4

A “free, deliberate and informed” act by a third party that accelerates the death

Ex. ambulance crashing, if carrying guy who needs help did the crash cut the chain of causation?

Question 5

Intervening Act - Independent Act

Answer 5

D is not a proximate cause. A “free, deliberate and informed” act by third party.

• Commonwealth v. Root: D was found to cut the chain of causation with an independent act of driving his car into the opposite lane and causing the death of another.
• People v. Kevorkian: D supplied the means to suicide but was not the but for cause because D did not actually kill. The intervening act here was when the victims raised their hands to release means of killing themselves.

Question 6

Intervening Act - Dependent Act

Answer 6

D is the proximate cause. 4 categories: Medical Care, Preexisting Condition, Police Pursuit and Rescue, Escape.

• US v. Hamilton: D gets into fight with P and P pulls tubes out of his through causing him to suffocate and die in the hospital. D is guilty because P did not act in free/deliberate/informed way
• California 3 years and day rule -> not responsible as a dependent act if death occurs after this time period.
• Stephenson v. State: Victim poisons herself because of being trapped with abuser even though he wasn’t abusing her any longer. Not free/deliberate/informed because she thinks this is the only way to escape.

Question 7

MPC - Criminal Cause Purpose

Answer 7

Rule: not a criminal cause if the actual result was not with his purpose or contemplation. (Was it within his purpose or contemplation? -> if no, subsection a or b). Exceptions:

(a) does this involve a different person or property but otherwise the same result (trying to shoot A but accidentally end up shooting B)
(b) The actual result involves the same injury or harm as contemplated or purpose and not too remote to have just bearing on D’s liability (jury decides if would be just)

Question 8

MPC - Reckless/Negligence Cause

Answer 8

If D reckless/negligently causes offense (ex. Fred shoots, accidentally hits neighbor because bullet bounces off, friend of wife killed in hospital mad, is he cause of death?)

• Not a criminal cause if the actual result is not within the risk the D was aware of (for recklessness) or should have been aware of unless
  (a) actual result differs from the probable result only in the respect that a different person or differing property is injured or affected
  (b) the actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence