Y Causation

Causation: The Core

The link between Mens Rea and actus reus

Causation

Actual Cause

But for: The social harm specified in the definition of the offense would not have occurred when and how it did but for the defendant’s voluntary act

(when = accelerated results count, how = multiple sufficient causes don’t break but for)

Proximate Cause

Between D’s voluntary act and the occurring social harm, were there out of the ordinary events?

Intervening act: Reasonably foreseeable events —→ causation chain intact. (includes negligent acts: e.g. medical malpractice, ambulance crashes, etc)

Superseding act: Out of the ordinary non-foreseeable events (e.g. meteorite falling on ambulance, psychopath at hospital stabs the husband) —→ causation chain broken.

Dependent events (e.g. ambulance comes after trigger pull) = foreseeable

Independent events (e.g. nature, act of God, meteorite falling from sky, self inflicted self-harm) = unforeseeable

Defendant throws a knife at victim. While the knife is traveling in the air, lightning hits the victim and the victim dies from the lightning. Is D the actual cause?

No. Although D may be liable for attempted murder.

Eggshell Skull Rule

You take the victim as you find them

Assisted Suicide

Generally, encouraging suicide does not equal cause.

Campbell: D sold handgun to V and convinced him to commit suicide. Holding: No proximate cause.

Kevorkian: D constructed suicide machine to help people kill themselves. Holding: No cause.

Contrasting cases:

Roberts: D put poison within reach of wife. Wife died. Holding: Cause.

Sexon: D held gun while V pulled the trigger. Holding: Cause.

Michelle Carter: D bullied man into committing suicide over text/calls. Holding: Cause.

Causation Cases

Valade: Girl jumps out of window attempting escape from man who raped her. Girl got hit by car. Holding: No intervening causes. V did it out of necessity.

Complementary Human Action

Root: D and V drag racing. V dies. Holding: NO CAUSE.

CONTRA: McFadden: D and V drag racing. V dies. Holding: CAUSE.

Atencio - Russian roulette game between V and D. V dies. Holding: CAUSE.

Transferred Intent

The crime requires that D intends to injure or affect a person or property. The intent element of the crime is satisfied if D accidentally injures or affects other person or property.

If D kills 2 people instead of one, jurisdictions split.