No set rule, but a jury determination on this subject will determine whether to hold the defendant accountable for his actions.
One must determine whether the actor was the direct cause and whether there were any foreseeable intervening causes that sever the causal chain back to defendant. Must take the victim as you find them.
An act that breaks the chain of causation.
The intervening actor acts because of a condition brought upon by defendant’s prior conduct. However, if dependent actor was grossly negligent, the chain breaks.
The intervening actor acts voluntarily. Because such is an intentional, voluntary act, it breaks the chain of causation. (In certain cases, reckless acts can break the chain, too.)
Facts that prove the defendant's actions caused a result.
But for the action, the result would not have occurred (sina que non causation).
Only requires actual causation and uses the but-for test, as well. Only requires actual causation.
Causation dependent on defendant’s mens rea. Causation not established if result what was not intended, unless: the injury was less than intended or transferred in intent.
The unlawful killing of another human being.
Homicide with malice afterthought; intention to kill; intention to cause great bodily injury; malignant heart; felony murder.
A killing committed purposely or knowingly, or gross recklessness/extreme indifference to human life. Premeditation and deliberation are not required.
Mitigates murder to voluntary manslaughter.
Aggravated assault, mutual combat, crime against relative, illegal arrest, observation of infidelity, etc.
Extreme mental or emotional disturbance.
Homicide under extreme mental or emotional disturbance (EMED) for which there is reasonable explanation or excuse. Requires defendant to be aware of recklessness. Applies to all types of homicides; words alone may be adequate provocation; has no cooling time requirement.
Must occur under a Heat of Passion under adequate provocation. Causal link between provocation, passion and homicide. Only applies to intentional homicides; words alone are not enough for provocation; must not have had time to 'cool.'
Depending on jurisdiction, but likely to find: intent to kill + premeditation and deliberation.
Depending on jurisdiction, but likely to include: intentional killing by extremely reckless conduct; intent to cause serious bodily harm with a deadly weapon, etc.
One is guilty if he kills another person, even accidentally, during the commission or attempted commission of a violent felony.
Does not have an express rule for felony murder, but raises a presumption of “recklessness and indifference to human life” of the defendant during commission of violent felonie Gross recklessness during a felony can be a prerequisite for felony murder.
The lower bound for acceptable felonies. The felony must be inherently dangerous.
Upper bound for acceptable felonies. Felony must be independent from the murder. This excludes felonies arising during the commission of a murder.
The mere fact that a death occurs during a felony does not subject felon to felony murder; rather, the foreseeability of the death does.
If felony is one of the enumerated felonies (murder, rape, robbery, etc.), becomes first degree murder. Other cases become second degree murder.
A homicide without malice afterthought.
Reckless conduct does not mainfest an extreme indifference to the value of human life; also includes EMED homicides.
An unintended killing.
An unintentional killing that occurs during the commission of an unlawful act. Includes malum in se felonies and misdemeanors.
A criminally negligent killing. Equivalent to involuntary manslaughter under the CL.
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