causation

Actual Cause (or "Cause-in-Fact")

But-for" test - There can be no criminal liability for resulting social harm "unless it can be shown that the defendant's conduct was a cause-in-fact of the prohibited result." In order to make this determination, courts traditionally apply the "but-for" or "sine qua non" test: "But for the defendant's voluntary act(s), would the social harm have occurred when it did?"

Cause in Fact

Cause in fact typically is determined using the "But For" test Necessary but not sufficient

Proximate Cause

In the World There can be many "But for" causes Policy concept Looking at all the "but for" causes Decide which ones deserve to be held responsible Few bright lines Judgment of what is fair Fair to hold this person liable "Natural and Probable" Cause

Multiple Actual Causes

Multiple Actual Causes - When a victim's injuries or death are sustained from two different sources, any of the multiple wrongdoers can be found culpable if his act was "a" cause-in-fact of the injury or death. It is not necessary that any act be the sole and exclusive cause-in-fact of injury.

Causation

- Causation is required only with result crimes - Causation describes a relationship between a defendant's conduct and a required result Proximate Cause turns in large part on the probability Forseeabilitiy That Defendant's conduct will produce the required result