Causation (Common Law)

Question 1

to convict defendant of a “result” crime (murder), the prosecution must show defendant acted with necessary mens rea and committed the required acts or acted with necessary attendant circumstances, and also that defendant caused required result (victim’s death)

Answer 1

Causation

Question 2

__________ is issue in result crimes

Answer 2

Causation

Question 3

_________ issues arise for most part in criminal homicide cases

Answer 3

Causation

Question 4

Common law causation analysis has 2 parts

Answer 4

(actual cause/cause in fact and proximate cause/legal cause)

Question 5

But for test– a person’s conduct is ______ cause of prohibited result if result would not have occurred but for actor’s conduct.

Answer 5

Actual Cause

Question 6

(1) Identify relevant conduct – what are relevant voluntary act(s) committed by defendant? If case based on omission, substitute omission
(2) Question – “but for defendant’s act(s)/omission would social harm (death) have occurred when it did?”

• If yes – if social harm would have occurred when did even if defendant had not acted, defendant is not actual cause, not guilty
• If no – if social harm would not have occurred when it did but for defendant’s acts, defendant is actual cause, then move on to proximate cause

Answer 6

Steps for determining actual cause

Question 7

person who is actual cause of resulting harm not responsible for harm unless also is _______ (legal) cause of harm

Answer 7

Proximate Cause

Question 8

_________ cause identifies potential candidates for legal responsibility for result. _________ cause determines who among candidates should be held accountable (lineup)

Answer 8

Actual and Proximate

Question 9

Was there any actual but for cause of result that came into picture after defendant’s voluntary act? If not, defendant was___________of social harm.

Answer 9

Direct Cause

Question 10

Intervening cause

Apparent Safety Doctrine

Free, Deliberate, Informed Human Intervention

Intended Consequences Doctrine

De Minimus Cause

Omissions

Answer 10

Factors of Causation

Question 11

actual cause of social harm that arises after defendant’s causal contribution to result. Occurs after defendant’s conduct but before result for which defendant is being prosecuted.

Answer 11

Intervening cause

Question 12

occurs in response to defendant’s earlier conduct

Answer 12

Dependent/responsive cause

Question 13

force that does not occur in response to initial wrongdoer’s conduct

Answer 13

Independent/coincidental cause

Question 14

______________ intervening cause does not relieve initial wrongdoer of criminal responsibility unless response was unforeseeable and highly abnormal

Answer 14

Dependent/responsive cause

Question 15

Defendant not responsible for _________ intervening cause unless occurrence was foreseeable to reasonable person in defendant’s situation.

Answer 15

Independent/coincidental cause

Question 16

Even though defendant created dangerous situation, not responsible for ultimate result if dangerous situation defendant created was over because victim had reached apparent safety. (Dangerous forces have come to rest.)

Answer 16

Apparent Safety Doctrine

Question 17

Generally, defendant not proximate cause of result if a free, deliberate, informed act of another person intervenes.
Policy – free will essential in determining responsibility for harm.

Answer 17

Free, Deliberate, Informed Human Intervention

Question 18

If an intentional wrongdoer gets what she wanted (the result in the manner she wanted it) she should not escape responsibility even if an unforeseeable event intervenes

Answer 18

Intended Consequences Doctrine

Question 19

Generally, the law will not treat a very minor but for cause of harm as legally responsible for the result when there is a far more substantial cause to whom responsibility can be attached.
Some wrongdoers have too minor a causal role to justify criminal punishment.

Answer 19

De Minimus Cause

Question 20

An omission will rarely, if ever, supersede an earlier, operative wrongful act

Answer 20

Omissions