Causation

Question 1

Causation

Answer 1

Proof that the defendant’s act is the actual and proximate cause of harm is required in order to establish that a defendant should be found guilty of a crime that includes a harmful result.

Question 2

Actual Cause (or Cause in Fact)

Answer 2

An actual cause is the cause which starts, ignites or makes possible the result which follows, and which satisfies the “But For” or Substantial Factor Test.

Question 3

“But For” Test

Answer 3

The “But For” Test is used to establish actual cause in criminal cases which include a harmful result as an element of the crime. To apply the test, the state must show that “but for” the defendant’s act, the harm would not have occurred.

Question 4

Substantial Factor Test

Answer 4

The Substantial Factor Test is used to establish actual cause where more than one act contributes to the harm. The defendant is said to be an actual cause of the harm if the defendant’s act is a substantial factor in bringing the harm about. This means that the defendant’s act contributed to more than a trivial degree to the resulting harm.

Question 5

Proximate Cause (or Cause in Law)

Answer 5

In criminal law, an actual cause of harm is also the proximate cause if the act is closely connected enough to the resulting harm that it is fair to hold the defendant responsible for causing the harm. Under the Model Penal Code, this means that the resulting harm is not “too remote or accidental” from the defendant’s act to make it unfair to hold him responsible.