Causation in Homicide

Question 1

What is the causation standard required for a defendant to be held liable for homicide?

Answer 1

To be liable for homicide, the defendant’s conduct must be both the cause-in-fact and the proximate cause of the victims death.

Question 2

What does cause-in-fact mean as it pertains to homicide?

Answer 2

A defendant’s conduct is the cause in fact of the victim’s death if the death would not have occurred but for the defendant’s conduct.

Question 3

What is proximate cause as it pertains to homicide?

Answer 3

A defendant’s conduct is the proximate cause of a the victim’s death if the death is a natural and probable consequence of the defendant’s conduct.

Question 4

Do unforeseeable intervening events shield the defendant from liability?

Answer 4

Yes, Superseding events break the chain of proximate causation.

Question 5

Is a third party’s negligent medical care and the victims refusal of medical treatment for religious reasons foreseeable?

Answer 5

Yes, and the defendant remains liable.

Question 6

What is the one year and one day rule?

Answer 6

Traditionally, for a defendant to be liable for homicide, the death of the victim must occur within one year and one day from the infliction of the injury/wound. Most states have ABOLISHED IT