Causation 1

Question 1

Causation is an element of ___ crimes but not __ crimes

Answer 1

result, conduct

Question 2

Actus reus requires (1) (2) (3)

Answer 2

(1) a voluntary act or omission
(2) causes
(3) the social harm

Question 3

A _____ for causation is employed in criminal as opposed to torts

Answer 3

stricter test

Question 4

But for cause does not show that the ____ it merely ___

Answer 4

D is the primary cause, narrows the field of actors who may be held criminally liable

Question 5

But for cause asks ____

Answer 5

but for D’s voluntary act or omission would the social harm have occurred when it did

Question 6

Generally intent to do one thing cannot ___

Answer 6

be used as substitute for an intent to do another

Question 7

Transferred intent doctrine holds that a shooter can be liable for intentionally killing even if ___

Answer 7

that person was an unintended victim

Question 8

Burrage facts

Answer 8

D gave victim heroin. Victim had other drugs in his system and died after taking the heroin

Question 9

Burrage statute

Answer 9

The CSA imposes a 20 year min sentence to one who distributes Schedule 1/2 drugs and death or serious bodily harm results

Question 10

Burrage holding

Answer 10

D didn’t cause the death

Question 11

Burrage reasoning

Answer 11

(1) “results from” requires but-for causation but here without heroin victim still may have died
(2) can’t use substantial factor test

Question 12

Why can’t Burrage use substantial factor test

Answer 12

only appropriate for multiple independent factors that could have independently caused the death. Here, each drug contributed but none was an independently sufficient cause

Question 13

Paroline facts

Answer 13

D possessed 2 child porn images of victim so victim wanted 3.4 million

Question 14

Paroline holding

Answer 14

determine how much D contributed to the victim’s overall harm in order for there to be justice

Question 15

Paroline reasoning

Answer 15

(1) but for causation can’t be satisfied here
(2) not possible to prove her losses would be less (and by how much) but for one possessor’s individual role in the large, loosely connected network in which her images circulated

Question 16

Paroline shows that but for tests can’t ___

Answer 16

always produce just outcomes so may need other causation tests

Question 17

Proximate cause is a question of whether ___

Answer 17

fair and just to hold D liable

Question 18

If D direct cause, then __

Answer 18

proximate cause is met

Question 19

If there are intervening causes after D conduct but before harm and contribute to the harm Defendant is proximate cause unless the intervening cause is ____

Answer 19

extremely unusual or bizarre

Question 20

If there are intervening causes after D conduct but before harm and contribute to the harm D is not a proximate cause unless the intervening cause is ___

Answer 20

foreseeable

Question 21

King facts

Answer 21

K flew plane to transport marijuana and crashed it killing the victim. Charged with felony homicide

Question 22

King statute

Answer 22

Second degree felony homicide is the killing of one accidentally contrary to the intention of the parties while in the prosecution of some felonious act

Question 23

King holding

Answer 23

For the felony murder rule to apply, the death of a victim must be directly related in time, place, and causal connection to defendant’s commission of a felony

Question 24

King reasoning

Answer 24

No causal connection between felony of drug distribution and killing by a plane crash

Question 25

King says that felony homicide death must be ___

Answer 25

from an act caused by the felon from some effort to further the felony

Question 26

King says that maybe if K ____ then conduct furthering felony

Answer 26

flying plane in reckless manner to avoid detection

Question 27

King says that K can’t be liable simply because ___

Answer 27

in plane at time of the felony

Question 28

Henderson facts

Answer 28

D encountered intoxicated man robbed him and left on side of the road partially undressed and in near zero degrees. Victim struck by car and died.

Question 29

Ds in Henderson argued that the _____ caused the death

Answer 29

truck driver negligence (10 mph and no attempt to swerve or stop)

Question 30

Henderson statute

Answer 30

A person is guilty of murder in second degree when under circumstances

Question 31

Henderson holding

Answer 31

the ultimate harm was foreseeable as being reasonably related to acts of the accused

Question 32

Henderson reasoning

Answer 32

the determination that Kibbe acted recklessly included a finding that the ultimate harm was foreseeable and that Kibbe caused Stafford’s death

Question 33

Henderson says that the jurors likely would have considered a causation instruction ____ so ____

Answer 33

consistently with their consideration of the recklessness instruction, the additional definition would not have influenced the verdic

Question 34

Cleaves facts

Answer 34

Victim had AIDS and wanted to avoid suffering. C helped tie victims hands and held to bed as victim strangled himself

Question 35

Cleaves holding

Answer 35

Sufficient evidence to affirm conviction for second degree murder

Question 36

Marti facts

Answer 36

D fixed the gun to enable his gf to kil herself. She was intoxicated at the time and had been depressed.

Question 37

Marti D argues that once he set down gun ___

Answer 37

his participation in Gloria’s death ended as a matter of law (no causation)

Question 38

Marti Trial court instructed the jury as to criteria for determining ___

Answer 38

whether intervening act of Gloria shooting herself was also a superseding act

Question 39

Marti holding

Answer 39

Instruction on causation appropriate. only intervening causes which are also superseding relieve D of liability

Question 40

Marti reasoning

Answer 40

jury needed to determine whether the intervening act of the victim shooting herself was also a superseding act

Question 41

An intervening cause is a an ____

Answer 41

independent force which actively operates in producing harm to another after the actor’s negligent act or omission has been committed

Question 42

Commonwealth v Carter facts

Answer 42

Charged with involuntary manslaughter for victim suicide. Texts between her and victim helping plan the suicide and downplaying his fears. During phone call during the suicide, C instructed the victim to get back into car full of carbon monoxide

Question 43

Commonwealth v Carter holding

Answer 43

evidence sufficient to support judge’s finding C committed involuntary manslaughter

Question 44

Common v. Carter reasoning

Answer 44

chain of causation broken when victim left the vehicle
Until victim got out of truck, victim cause of own suicidal actions

Question 45

Carter says that after victim got out of the car the D ____

Answer 45

overpowered his will and caused the death

Question 46

Why did Carter court say C overpowered victim’s will?

Answer 46

(1) in weakened state when left the car
(2) consistent with other suicide attempts where he would stop before too late
(3) Once got back in the truck, D did nothing to help

Question 47

Deutsche Bank (DB) Facts

Answer 47

Victims killed in terrorist attack. Bank allegedly was a member in a conspiracy to commit acts of terror by providing financial services to Iranian financial institutions

Question 48

DB says that in determining proximate cause _____ are all relevant factors

Answer 48

foresee ability, directness, substantiality

Question 49

DB says a cause is superseding when it is ___

Answer 49

a cause of independent origin that was not foreseeable