Causation Flashcards
(7 cards)
Common Law Causation Test
Was the D’s conduct a but-for cause of the result
Was there an intervening cause after the D’s act?
If no, there is direct causation
If yes, was the intervening cause foreseeable and reasonably related to the defendant’s conduct
If yes, then intervening cause is dependent and there is causation
If no, then intervening cause is independent and there is no causation.
Common Law Causation and Medical Care
medical care is a normal and foreseeable response to a wound/injury and was only a superseding cause it was OUTRAGEOUSLY IMPROPER OR INAPPROPRIATE AS TO BE REGARDED AS ABNORMAL
Merely negligent medical care does not reach that standard
Grossly negligent or intentionally harmful medical care does break the causal chain.
Common Law Year and a Day
Defendant can’t be charged with homicide unless the victim dies within a year and a day
MPC Causation Test for Purposefully and Knowingly
Ask if defendant was an antecedent but-for which the result would not have occurred
When purposely or knowingly causing a particular result is an element, the element is not established if the actual result is NOT WITHIN the PURPOSE OR CONTEMPLATION of the actor UNLESS:
a. a different person or property was harmed OR the defendant caused a lesser harm than contemplated OR
b. The result involves the same kind of injury or harm as designed or contemplated and is NOT too remote or accidental in its occurrence to have a just bearing on the actor’s liability OR on the gravity of the offense.
MPC Causation Test for Recklessly and Negligently
Ask if defendant was an antecedent but-for which the result would not have occurred
When recklessly or negligently causing a particular result is an element of an offense, the element is not established if the result is NOT WITHIN the RISK OF WHICH THE ACTOR IS AWARE OR in the case of NEGLIGENCE, of which he SHOULD HAVE BEEN AWARE UNLESS:
a. a different person or property was harmed OR the defendant caused a lesser harm than contemplated OR
b. The result involves the same kind of injury or harm as designed or contemplated and is NOT too remote or accidental in its occurrence to have a just bearing on the actor’s liability OR on the gravity of the offense.
MPC Causation and Medical Care
Ask if negligent medical care is too remote or accidental to break the causal chain
Concurrent Causation
When two independent acts at the same time that would each independently cause the result, both actors will be held fully criminally liable.
