Causation

Question 1

Actual Cause (Cause-in-Fact)

Answer 1

• empirical question- who or what in fact caused the social harm
• “but for” test (used both in common law and MPC)
• “But for the D’s voluntary act, would the social harm have occurred when it did?”
• If no- you’ve proven actual causation
• If yes, you have not proven actual causation
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Question 2

Proximate Cause (Legal Cause)

Answer 2

• there is almost never a single cause of any given result
• proximate cause takes all of the actual causes of the social harm and determines which one’s should be criminally responsible.
• this is a policy decision- we use proximate cause to reach what we hope will be a just outcome
• very few bright lines for determining proximate cause.
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Question 3

Proximate Cause- Factors

Question 4

Substantial Factor Test

Answer 4

• Legal fiction that prevents two defendants from pointing at each other
• acting independently- if they were acting together and would have accomplice liability
• two D’s, acting independently and not in concert with one another, commit two spearate acts, each of which alone……..
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Question 5

Direct Cause Case

Answer 5

an act that is a direct cause of social harm is also the proximate cuase of it.

Question 6

Intervening Causes

Answer 6

• direct cause- no event of significant intervented between actors conduct & social harm
• insignificant contribution to social harm- D’s causal responsibility for social harm is exceptionally insubstantial compared to intervening cause
• forseeability of intervening cause- was interv. cause reasonably forseeable?
  
  • responsive- act that occurs in reaction to D’s prior conduct
  • does not relieve initial wrongdoer of responsibility unless response was highly abnormal
• intended consequence doctrine- trace cause of social harm backwards to find intent
• apparent safety doctrine-when D’s active force comes to rest in position of V’s apparent safety, breaks chain of causation
• free, deliberate, informed human intervention- D is relieved of responsibility in such case
• omission- will not supersede earlier, operative wrongful act, even if intervening actor has duty to act.

Question 7

Factors in Determining Proximate Cause

Answer 7

• De Minimis
• foreseeablity of the intervening cause
  
  • responsive intervening cause
  • coincidental intervening causes
• Intended Consequences Doctrine
• Apparent Safety Doctrine
• Free, Deliberate, Informed Human Intervention
• Omissions