Causation Flashcards
Types of Causation
(1) But For
(2) Proximate
But For Cause
(1) Objective Determination
(2) Ds act does not have to be the sole, exclusive, cause of harm, but must be
(a) Necessary, and
(b) Sufficient
(3) D does not have to anticipate the type/severity of harm caused
(4) A defendant cannot be convicted of murder for committing an act if death would or could have occurred in the absence of the defendant’s act
Proximate Cause
(1) Subjective Determination
(2) The conduct must relate to the result in a sufficiently strong way
(a) Resulting harm cannot be too remote/accidental
(b) Must be proximate
(3) Natural and continuous sequence of events
Exception to Proximate Cause
Intervening Events
Types Intervening Events
(1) Voluntary acts by 3dp
(2) Temporal intervals
(3) Acts of God
Factors of Intervening Events
(1) Dependent
(2) Independent
(3) Free, deliberate, informed human intervention
(4) Apparent Safety Doctrine
(5) Acts of Nature
(6) Medical Treatment
Intervening Events: Voluntary Acts by a 3dp
(1) The victim’s voluntary acts = intervening event
(2) The victim’s involuntary acts = NOT an intervening event
(3) If D inflicts both mental and physical injuries upon a victim which renders the victim mentally irresponsible, and suicide follows, the defendant is guilty of murder
(4) D can be held liable for murder if he participates in the final overt act that causes the death
Intervening Events: Temporal Intervals
(1) D can be held liable if he inflicts an injury that triggers a series of events that lead to death
(2) If D puts the victim in the hospital, D will be liable for any resulting complications/death