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Causation and Harm

17 February, 2016 - 11:05

LEARNING OBJECTIVES

  1. Distinguish between factual and legal cause.
  2. Define intervening superseding cause, and explain the role it plays in the defendant’s criminal liability.
  3. Define one and three years and a day rules.

As stated previously, causation and harm can also be elements of a criminal offense if the offense requires a bad result. In essence, if injury is required under the statute, or the case is in a jurisdiction that allows for common-law crimes, the defendant mustcausethe requisite harm. Many incidents occur when the defendant technically initiates circumstances that result in harm, but it would be unjust to hold the defendant criminally responsible. Thus causation should not be rigidly determined in every instance, and the trier of fact must perform an analysis that promotes fairness. In this section, causation in fact and legal causation are examined as well as situations where the defendant may be insulated from criminal responsibility.

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Figure 4.9 Oregon Revised Statutes