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Causation - Crim Law
| Term | Definition |
|---|---|
| What is Actual Cause under MPC? | Conduct is the cause of a result when: - The result wouldn’t have happened without that conduct. - The relationship between the conduct and result satisfies any additional causal requirements set by MPC or the law defining the offense. |
| What is Actual Cause under Common Law? | Actual Cause = “but for” cause of harm - A person is not guilty of offense unless they are the actual cause of resulting harm. - Result would not have occurred “but for” the defendant’s action. |
| What happens when there are multiple causes under MPC? | But For Test |
| What happens when there are multiple causes under Common Law? | Substantial Factor Test |
| What are the Theories of Actual Causation? | - Acting in Concert - Acceleration - Aggravation - Omission - Substantial Factor (CL) / Death by Two Blows (MPC) - Obstructed Cause |
| What is Acting in Concert Theory? | A theory of Actual Causation Either actor could be the cause, but where they both intended the harm, both are equally the actual cause. |
| What is Acceleration Theory? | A theory of Actual Causation actor would not alone have caused harm but sped up the process. - doesn’t change result but quickens it. |
| what is Aggravation Theory? | A theory of Actual Causation actor alone wouldn’t have caused result but acts cumulatively caused result. - Does not change the outcome but contributes to it. |
| What is Substantial Factor/Death by two blows theory? | A theory of Actual Causation Actor’s conduct was a substantial factor in the resulting harm. |
| What is Omission Theory under causation? | A theory of Actual Causation Failing to act may be the cause. |
| What is Obstructed Cause Theory? | A theory of Actual Causation The second blow obstructed the causal link of the first actor. - Super-acceleration that absolves all cause from the previous actor |
| What happens if actor causes non-lethal blow after a lethal injury already occurred? | An injury can be considered the actual cause of a victim’s death if it accelerates the victim’s death, even if the injury is non-lethal and follows a lethal injury. (Oxendine v. State) |
| What is Proximate Cause Under MPC? | No proximate cause in MPC; based on actor's culpability |
| What is Proximate Cause Under Common Law? | injury is a direct and natural result of the defendant’s actions (reasonably foreseeable) as long as no superseding intervening causes |
| What are Theories of Proximate Causation? | - La Fave Scott/Perkins Boyce - Omissions - Intended Consequences - Apparent Safety Doctrine Free, Deliberate, and Informed Human Intervention - De minimis |
| What is LaFave-Scott/Perkins Boyce? | Prox cause theory Coincidental/Indpt. & Foreseeable = prox cause Responsive/Depend. & Foreseeable = prox cause Coincidental/Indpt. & unforeseeable = no prox cause Responsive/Depend. & unforeseeable = prox cause unless abnormally unforeseeable |
| What is omission theory under proximate cause? | failure to act Some say omissions will never be superseding bc no matter how unforeseeable an omission may be, a failure to act will never supersede a “act” unless there is legal duty. some think it can supersede because it is conduct, nonetheless. |
| What are intended consequences theory? | proximate cause theory - any intended consequence of an act is proximate. - If an intentional wrongdoer gets what she wanted, she should not escape criminal responsibility even if an unforeseeable event intervened. |
| What is apparent safety doctrine theory? | proximate cause theory Once the victim is safely removed from the harm of the defendant’s conduct, that causal link is stopped. |
| What is free, deliberate and informed human intervention | proximate cause theory If the victim’s resulting injury occurs by the victim’s voluntary act, easier for defendant to be relieved |
| What is de minimis theory? | proximate cause theory Yes intervening cause, but so minimal that it shouldn’t be considered |
| when does a superseding intervening act break the causal chain? | When a superseding intervening cause occurs after an actor’s “but for” conduct, but before the social harm occurs, the actor’s casual chain is broken, and he is relieved of liability. (people v. rideout) |
| When is proximate cause not established? | No prox cause if a result if it is beyond the scope of any fair assessment of the danger created by the defendant’s conduct, or if it would be unjust, based on fairness and policy considerations, to hold the defendant criminally liable. Velazquez v. State |
Created by:
hollymurphy8
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