What is meant by legal causation?
Causation is the “causal relationship between the defendant’s conduct and end result“. … In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt.
What is an example of legal causation?
Example of Causation
A child opens the gate, falls into the pool, and drowns. The negligent action caused the accident; therefore, causation could be established. However, if a child climbed over the fence at the other end of the pool, fell into the pool and drowned, the homeowner would not be liable.
What is factual and legal causation?
Factual causation requires proof that the defendant’s conduct was a necessary condition of the consequence, established by proving that the consequence would not have occurred but for the defendant’s conduct. … Legal causation requires proof that the defendant’s conduct was sufficiently connected to its occurrence.
What is another name for legal causation?
But as Dobbs points out, “proximate cause” is often used as a synonym for “legal cause,” which itself may or may not include both cause-in-fact and scope of responsibility: Courts often lump the two issues together under the rubric of ‘proximate cause.
Why is legal causation important?
It is the second part of the analysis that ensures fairness in the application of the causation element. The defendant must also be the legal or proximate cause of the harm. Proximate means “near,” so the defendant’s conduct must be closely related to the harm it engenders.
How do you establish legal causation?
Under legal causation the result must be caused by a culpable act, there is no requirement that the act of the defendant was the only cause, there must be no novus actus interveniens and the defendant must take his victim as he finds him (thin skull rule).
What is an example of causation in criminal justice?
Oscar died when he himself became angry and had a heart attack. In this example of causation, the prosecutor would not be able to prove factual causation between the poison and the heart attack. They could, however, charge Betty with attempted murder, or some other crime.
What are the factors of crime causation under criminology?
Biological theories of crime focus on the physiological, biochemical, neurological, and genetic factors that influence criminal behavior. However, such theories also stress the complex link between a person’s biology and the broad span of social or environmental factors that sociological theories examine.
What is the difference between factual and legal causation tort?
Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. … Damage which is too remote is not recoverable even if there is a factual link between the breach of contract or duty and the loss.