Criminal Law Lecture Twenty-Seven: Causation in Criminal Law: Factual and Proximate Causes

This conversation delves into the complexities of causation in criminal law, exploring both factual and proximate causation, the impact of intervening causes, and advanced considerations such as the Model Penal Code. The discussion emphasizes the importance of foreseeability and fairness in assigning legal responsibility, while also providing practical strategies for analyzing causation in exam scenarios.

Takeaways

Causation is fundamental to criminal law and essential for legal professionals.

Factual causation is established through the 'but for' test, but is not sufficient alone for liability.

Proximate causation considers whether the result is fair to impose liability, focusing on foreseeability.

Intervening causes can break the chain of causation, especially if they are unforeseeable or independent.

The eggshell skull rule holds defendants liable for the full extent of harm caused, even if the victim had pre-existing vulnerabilities.

The Model Penal Code provides a structured approach to causation, linking it to the mental state required for crimes.

Courts often adapt causation principles based on policy goals and the context of the case.

Causation analysis requires a systematic approach, asking critical questions about factual and proximate causes.

Understanding the interplay between causation and legal responsibility is key for aspiring legal professionals.

Causation is a dynamic area of law that evolves with societal changes and technological advancements.

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