Essential Elements of Crime: CAUSATION & CONCURRENCE

Question 1

Actual “but for” Causation:

• what is the rule?
• exception?

Answer 1

ROL- a D is an actual cause if the bad result would not have happened but for the Ds conduct.

Exception- an “accelerating cause” IS an actual cause

Question 2

Proximate “legal” Causation:

• Rule?
• Intervening causes?
• Eggshell victims?

Answer 2

ROL- a D is a proximate cause if the bad result is a NATURAL & PROBABLE consequence of the Ds conduct

Intervening Causes- D will NOT be considered a proximate cause if an UNFORESEEABLE even causes the bad result

Eggshell Victims- D WILL be considered a proximate cause even if the victim’s pre-existing weakness contributed to the bad result.

Question 3

THE CONCURRENCE PRINCIPLE

• What is it?
• In what two crimes do concurrence issues arise most frequently?

Answer 3

ROL- The D must have the required mental state AT THE SAME TIME as he engages in the culpable act.

Concurrence issues arise most frequently with (1) larceny, and (2) burglary.