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Name:
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Kizma Anuice
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Subject:
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Could be a very interesting case.
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Date:
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9/20/2010 3:57:55 PM
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Proximate
Cause (Actually, Culpability); Model Penal Code
1. Can they prove intoxication. - probably not 2. Is the charging statute an offshoot of the fellony-murder or mis-man laws? 3. Will Model Penal Code type provisions be applied? 4. Is there any case law? I don't know
Unlike the common law, the "but-for"
test is the exclusive meaning of "causation" under the Model Penal
Code. The Code treats matters of "proximate causation" as
issues
relating instead to the defendant’s culpability. That is, in order to find the defendant is
culpable, the social harm actually inflicted must not be "too remote
or accidental in its occurrence from that which was designed, contemplated
or risked. [MPC §2.03(2)(b), (3)(c)] In
such circumstances, the issue in a Model Code jurisdiction is not whether,
in light of the divergences, the defendant was a "proximate cause"
of the resulting harm, but rather whether it may still be said that he caused
the prohibited result with the level of culpability—purpose, knowledge, recklessness,
or negligence—required by the definition of the offense.
In the rare circumstance of an
offense containing no culpability requirement, the Code provides that causation
"is not established unless the actual result is a probable consequence
of the defendant’s conduct." [MPC § 2.03(4)] This would mean that in a jurisdiction that
recognizes the felony-murder rule, but which applies Model Penal Code causation
principles, a defendant may not
be convicted of felony-murder if the death was not a probable consequence
of his felonious conduct.
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