Causation & Concurrence

Question 1

What two types of causation must be proven to establish criminal liability?

Answer 1

• 1. Actual: D’s conduct must be an actual or but-for cause of the social harm
• 2. Proximate: D’s conduct must be the proximate or legal cause of the social harm

Question 2

Actual Causation:

What must the court show?

What test is used?

Answer 2

• Court must show D’s conduct (or omission) is a causal factor of the social harm
• But-For Test: But for D’s voluntary act (or omission) would the social harm have occurred when it did?
• If answer is no, D is an actual cause

Question 3

Proximate causation is a question of

whether it is (blank)

to hold D liable

Answer 3

• Proximate cause inquiry is an examination into the question whether it is fair and just to hold the D criminally liable
• No hard and fast rule for this

Question 4

Proximate Causation takes (blank)

into consideration

Answer 4

• Takes Intervening Causes into consideration
• Acts or events that come after D’s act but before the social harm and contribute causally to the social harm

Question 5

CAUSATION

Intervening cause analysis differs depending on whether the cause is

(blank)

or

(blank)

Answer 5

• Intervening cause analysis differs depending on whether the cause is a dependent (responsive) cause or independent (coincidental) cause

Question 6

CAUSATION

Dependent Intervening Cause

Definition and General Rule w/ exception

Answer 6

Cause that is dependent on or responsive to the D’s voluntary act

• If dependent, general rule is that the D is the proximate cause unless the intervening cause is extremely unusual or bizarre

Question 7

CAUSATION

Independent Cause:

Definition and application

Answer 7

Independent: cause is independent of or coincidental to the D’s voluntary act

• Generally D is not proximate cause unless the intervening cause is foreseeable
• Some courts focus on the foreseeability of the social harm, as opposed to the foreseeability of the intervening cause

Question 8

CONCURRENCE

What is it?

Answer 8

Final basic element of a crime

• Mandates a connection between the actus reus and the mens rea.
• The guilty act and the guilty mind must interlock

Question 9

CONCURRENCE

What two types of concurrence must be present

Answer 9

• 1. Temporal Concurrence: Required mens rea must be present at the same time the D performed the actus reus
• 2. Motivational Concurrence: the mens rea must be the motivating force behind the actus reus