Causation Element Flashcards
Causation
basic rule to state
Causation requires a link bw the D’s conduct and the result of the offense
Causation
CL Factual Cause
requires to use but for test asking whether…
“but for” the action of the defendant, the result have not occurred occurred when it did and where/as it did
CL Factual Cause
But for cause test
where there is a diff bw…
…setting a chain of events” vs. with one who “caused” the harmful result
You can say there is a time difference with one who starts the event and the end result
The larger the time frame–> the less likely to establish there is a but for cause
Causation
CL Factual Cause
Exception: dealing with concurrent Ds’ acts
When having multiple D’s, you can pick of them as your substantial cause to find your but for cause
◊ Argue for all as the but for causes but conclude with one
MPC Factual Cause
it applies the same CL but for test
“but for” the action of the defendant, the result have not occurred occurred when it did and where/as it did
Proximate Cause (PC)
basic rule to state
PC requires a connection between an actor’s culpable mental state and the result
PC
applies if the act only causes the harm if it is foreseeable
Test:
That is Δ’s conduct is a cause in the natural and continuous sequence producing the ______ (harmful result) and without which ______ (harmful result) would not have occurred.
Intervening Causes (IC)
basic rule
However, D will argue that he should be absolved from liability bc there was IC that break the chain of direction causation
IC rule
under some circumstances, an IC by another party will…
supersede the liability of the OG D even if the IC was potentially foreseeable to the OG D
IC Rule
generally, when the victim does something….
to further his own injuries after Δ’s act–> it will not be sufficient to bar Δ from liability for the consequences.
IC rule
Where there is medical gross negligence, it is….
enough to break the chain of causation because D’s neg is so extreme it is equivalent to a criminal act.
make sure to note that there is a diff bw simple neg and gross neg where IC doctor created an extra harm with his gross neg
IC rule
where there is gross negligence by IC doctor and the victim intentionally or not injures themselves will…
hold still hold D criminally liable
IC rule
A D can be held liable if the victim attempts…
to kill themselves as a result of D’s acts
And even assuming the victim was a responsible actor aware of her condition–> and made choice to take object to take their life–> here D would still be the criminally liable as PC
in other words, where D is aware of V taking their life–> its foreseeable
IC rule
At CL, where D intentionally provides means to assist a suicide…
constitutes murder.
However, causation between an act and death requires a closer relationship. Δ is not found to have caused a death if they assisted suicide but did not commit the final act in which caused death.
That is they worked in the process of assisting the suicide not that he was the one in the end of all the steps of the assisted suicide to call the shot to taker victim's life
IC rule on Omission
A person has a duty to act…
1) when they create the danger,
ex is D encourages other’s suicide rather than preventing it
2) and the circumstances will dictate whether a person reasonably took steps to alleviate the risk.
