Causation and Concurrence Flashcards
temporal concurrence
the mens rea must occur at the same time as the actus reus
motivational concurrence
the mens rea must be the motivating force behind the actus reus
factual causation
but- for cause, if agent hadn’t done what he did, when he did, result would not have obtained
proximate causation
fairness test; is the result causally so remote that it would be unfair to attribute the result to the D’s conduct
direct cause
defendant is a direct link in the causal chain
intervening cause
links the causal chain between D and result
dependent intervening cause
dependent upon or responsive to defendant’s act: does not break causal chain, unless bizarre
independent intervening cause
independent of or coincidental to defendant’a act: breaks causal chain, unless forseeable