Crimes against the Person: Homicide (Causation Requirements) Flashcards
In general, what are the causation requirements for homicide?
D’s conduct must be the 1. cause in fact; and 2. proximate cause of V’s death
When is D’s conduct the “cause in fact” of V’s death?
“but for test” - D’s conduct is the cause in fact of V’s death if the death would not have happened “but for” D’s conduct
When is D’s conduct the “proximate cause” of V’s death?
D’s conduct is the “proximate cause” of V’s death if the results is a “NATURAL AND FORESEEABLE CONSEQUENCE” of the conduct, even if D did not anticipate the PRECISE MANNER in which the result occurred.
NOTE –> superseding factors can break chain of proximate cause
What is the rule with regards to causation and an act that hastens an inevitable results?
An act that hastens an inevitable result is STILL the legal cause of that result
What is the rule with regards to causation and simultaneous acts of two or more persons?
Simultaneous acts of 2 or more persons MAY be independently sufficient causes of a single result
What is the rule with regards to a victim’s pre-existing weakness or fragility?
A victims pre-existing weakness or fragility does NOT break the chain of causation, EVEN if it was NOT foreseeable
What is the “year and a day rule” ?
Traditionally –> for D to be liable for homicide, death of victim must occur within 1 year and 1 day from infliction of injury
MODERN approach –> most states who have reviewed this rule have abolished it
What is the rule with regards to causation and intervening acts?
General rule –> an “intervening act” shields D from liability IF the act is OUTSIDE the foreseeable sphere of risk created byD
NOTE –> 3rd party’s negligent medical care and victim’s refusal of medical treatment ARE foreseeable, so D is still liable
What is the “born alive” rule?
Traditional rule –> infant had to be born alive to be victim of homicide
Some states –> have extended protection to unborn children as potential homicide victims
