Causation COPY Flashcards
Causation
Some crimes require the govt to prove that D caused the particular result
Causation can be proved by
- D’s action directly brought the harm. (usually a question of physical occurance, Did D initiate physical forces that let to result).
2.
Causation and risky conduct
risky conduct that brings about death in exactly the way the conduct made probable, D is rightly blamed for teh predictable consequences of nature events that he intentially set in motion.
Casue in fact (but 4 causation)
CL
if the harm woud not have occured unless (but 4) D’s conduct. or But for the D’s conduct the chain of events would never had begun and harm never would have occured.
Omission as a cause
CL
D’d failure to act creates a harm that was avoidable to occur
Concurrent Causation
the only situation when the cause in fact requirement does not met.
when two independant causes in fact occur at the same time
examples of concurrent causation
CL
- two gang members shoot V same time
- staring a fire on one floor to keep warn and another fire breaks out on different floor, fireman killed my smoke
- car crash, passenger ejected, dies months later brain dead of lung infection.
- son with malnurtitation and drugs in system, hit in head with shovel by dad, both mom and dad
Direct Causation
CL
D’s act is the only causal agent ni bringing about the harm
Direct causation always satisfies the requirement of proximate cause.
Proximate Cause? in intervening
CL
is D criminally responsible when another actor or event plays a causal role in bringing about the harm.
could be
Intervening Cause
CL
Generall occurs after teh D has engaged in his conduct, *BUT before *the harm results.
CL
Proximate cause rule
if intervening casue
is satisfied in the intervening cause was: 1. ubtebded ir reasionable foreseeable and 2. not too remote or accidental as to failrly hold the D responsible.
foreseeability= D should’ve known
answering these questions is not on fact alone, it is public policy, value judgments of moral culpability
Dependant Intervening cause =
CL
on that was intended or reasonably foreseeable by D, or sufficiently related to D’s conduct,
imposed criminal responsibility for harm
Example: D forces someone into care, person jumps out and his killed. this is a dependant cause
Independant intervening cause
CL
anothe actor or event causes the harm in such an enexpected manner or unusual manner the D will not be held criminally responsible.
Independant intervening cause RULE
CL
the fact finder must find: the harm was not intended be teh D or was not reasonably foreseeable, OR
2. that it is simply unfair and unjust to hold D responsible for the harm.
exmaple: D creates minor wound on someone, while in waiting room is killed buy disgrunteled employee
Rules of Thumb that amount to dependant intervening causation
CL
- harm intended or risked versus the manner in which it occurs.
- pre-existing conditions and negligent medical treatment
- foreseeable human action
- contribution cause
