Causation Flashcards

(6 cards)

1
Q

Definition

A

Where a dangerous situation has been created, or the victim is in a zone of danger. By the conduct of the defendant, the defendant is criminally liable for the death that resulted.

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2
Q

True or false do you only need to establish it is a cause of death and it does not have to be the cause for the defendant to be criminally liable

A

True

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3
Q

Prosecutors must prove that the defendants act was both what

A

factual cause: the harm would not have occurred at the time unless the defendant engaged in the conned
Proximate cause : the harm is a natural improbable consequence of the defendants act

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4
Q

Types of causation

A

Intervening cause and superseding cause

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5
Q

intervening cause

A

A dependent or foreseeable act that does not break the chain of causation

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6
Q

Superseding intervening cause

A

an independent act committed by someone else, a third-party, that supersedes the wrongful conduct of the defendant and breaks the chain of causation 

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