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§ 3.2 Causation: the Requirements for Holding an Actor Accountable for a Result 125 122 Chapter 3. Objective Requirements of an Offense a circumstance, purpose requires only that one the same set out for the 10 In other req[uir·ement of purpose req:uin:ment of knowledge. classified as results, but Thus, if "obstructs" is inter~ § 3.2 Causation: The Requirements for Holding an for example, the state need ouly Actor Accountable for a Result satisfy the special requirements of obstruction would not have occurred § 3.2.1 Requirements of Causation: Factual and Proximate Cause if "obstructs" is viewed as embodying Factual ("but-for") cause: scientific inquiry result element, then the state must prove Alternative sufficient-cause test responsible for bringing about a resulting Proximate (legal) cause: normative inquiry Proximity examples Proposed definitions seem consistent with the spirit and Foreseeability as factor in determining proximate cause Penal Code scheme. Define "conduct" elements Vagueness in the proximate-cause standard actual physical acts of the actor. Define all char- § 3.2.2 Causing Another Person to Cause a Result to be separate "circumsta ements; similarly, Intervening actor's volitional act breaks chain by the conduct should be de separate "result" Influencing intervening actor's exercise of volition "result" elements to be any e in the surrounding Continuum of volition brought about by the offend nduct, that the offense Causing another's crime as form of complicity occur. As with conduct, define aracteristics of a result to § 3.2.3 Multiple Causes "circumstance" dements. 13 Imputing co-criminal's causal conduct mustration: "obstructing an offense of "obstructing lie highway" would essentially "Combined effect" analysis a highway" proof that the actor "engage conduct that caused the obstruc- Dangers of "combined effect" of a public highway." "Obst on" would be a result element; the Serial vs. intersecting causes state would have to prove that t or's conduct caused the obstruction, Assessing serial dimension with proximate-cause test which is a change in circumsta required under the offense (prior to the Assessing accountability among intersecting causes offense conduct the highway not obstructed, afterward it was). On the Necessary-cause test and simultaneous sufficient causes other hand, the requirem fa "public highway'' would be a circum- Necessary-cause test and intervening sufficient cause stance element, as it w involve the context in which t Accountability dependent on sufficiency of other cause occurred rather than a ge the actor brought about-the way exists both befo after the offense. The "conduct" Whenever an offense definition includes a result element-as, for example, Causation an issue only in many offenses, re homicide requires a resulting death-a causation requirement also is when offense includes a result element required, other th implied. That is, it must not ouly be shown that the prohibited result occurred, but also that the actor's conduct caused that result. This required relationship between the actor's conduct and the result derives from our pes" or desires that a circumstance exis to a result or <iuct being on actor's "conscious obj ' notions of causal accountability. A result ought to affect an actor's liability posely" as to rcumstance, but is not required. For fu ouly if the actor is responsible for it, and responsibility demands some and similar issues- such as the failure to define the co with respect to conduct elements- see § 4.1. 11 See Model Penal Code § 2.03. 12 This includes, for example, the requirement e result be "not too remote or acci- 14 For a more detailed description of this proposal and the reasons for it, see 1 Paul H. dental in its occurrence to have a [just] bearing o e actor's liability or on the gravity of his Robinson, Criminal Law Defenses§ 6l(c) (1984); Robinson & Grall, Element Analysis, supra offense." For a discussion of the special req · nts for establishing an adequate causal note 8, at 719-25. connection between an actor's conduct and t, see§ 3.2. For a discussion of the act requirement, see § 3.3. 13 Not everyone would agree that the pr response to the Code's failure to define its 15 But see Cook v. State, 884 S.W.2d 485,487 (Tex. Crim. App. 1994) (apparently adapting categories is to provide such definitions. The English Law Reform Commission found the narrow interpretation of'' conduct" element, consistent with suggestions made here); Lugo­ Model Penal Code's distinctions awkward and conceptually dubious. Law Conunission, Lugo v. State, 650 S.W.2d 72, 88-87 (Tex. Crim. App. 1983); Mcqueen v. State, 781 S.W.2d Attempt and Impossibility!! 2.14-2.17 (Law Comm'n Rep. No. 102, HMSO !980). 600, 603 (Tex. Crim. App. 1989). 124 Chapter 3. Objective Requirements of an Offense § 3.2 Causation: the Requirements for Holding an Actor Accountable for a Result 125 causal connection. Causation doctrine provides the rules that determine how also would not have occurred. Second, the conduct must be a legal, or much of a causal connection is required to hold an actor legally accouutable proximate, cause of the result, meaning that it must relate to the result for the occurrence of some harm. in a sufficiently strong way: as a common formulatiOn puts tt, the resultmg t: harm must not be "too remote or accidental in its occurrence to have a ~· 1 [just] bearing on the actor's liability or on the gravity of his offense." Some I ... HYPOTIIETICAL t> MANNY THE MASTER states also add to this the requirement that the resulting harm "not be too ... dependent on another's volitional act."2 An informant in the police department reports that Prosecutor Baylor is Conduct is a factual cause of a result if the result would not have Factual ("but-fo,..) being investigated for taking bribes to forgo prosecutions. Kenny "The occurred but for the conduct (hence the term "but-for causation"). cause: scientific inquiry '., Hat," the local uuderworld boss, suspects that if Baylor is arrested he In other words, the conduct is a factual cause if it was necessary for the 'I will reveal all to the authorities. Kenny decides to have Baylor killed. result to occur. The factual-cause inquiry is essentially scientific, though To be sure that the job gets done, he gives contracts to both Squeeze also hypothetical. It asks what the world would have been like if the actor and Manny. Squeeze, who is somewhat brighter and more experienced had not performed his conduct. Specifically, would the result still have than her competitor Manny, arranges to poison Prosecutor Baylor at the occurred when it did?3 If not, then the actor's conduct was necessary for corner hotdog stand where he frequently eats. Manny is tailing Baylor the result- it was a but-for cause. In the "Manny the Master" hypothetical looking for an opportunity. When he sees Squeeze at the hotdog stand, above, Manny's conduct is a necessary cause of Baylor's death. Because he suspects he has been outdone. Squeeze glides over with a smile. "He ate Baylor died from the fall and would have died then whether he had been enough to kill an elephant," she tells Manny. "He'll be dead in 45 minutes. poisoned or not, Squeeze's poisoning is not a but-for cause of Baylor's Better luck next time." death (unless the poisoning, or her telling Manny about tt, mduced Manny is not giving up so easily. He scurries after Baylor, who has Manny to formulate his platform-push plan in an effort to kill Baylor finished his hotdog and is headed down to the subway. Manny spots Baylor right away, in which case it would be a but-for cause). at the edge of the platform and positions himself several feet behind him in This necessary-cause test is not the only possible formulation of the Alternative sufficient· the crowd. As the train approaches, he pushes another waiting passenger factual-cause requirement. Criticisms of some results of the necessary­ cause test into Baylor, so that Baylor will be pushed in front of the train and killed cause test-such as Squeeze's escape from causal accountability for Bay­ instantly. But as Manny pushes, the crowd surges, and his push sends the lor's death-may lead one to examine whether other formulations, such as wrong person off the platform. His push is also much too early. The fallen a sufficient-cause test, might be preferable. A sufficient-cause test similarly passenger scrambles back onto the platform before the train arrives. Manny presents a scientific and hypothetical inquiry, but a different inquiry: turns to leave, angry and humiliated. Maybe he should go to computer Would the actor's conduct have been enough, by itself, to cause the result? school, he thinks, recalling an ad he saw on a matchbook cover. Screams In contrast to the scientific inquiry of the factual-cause requirement, Proximate (legal) cause: from the track malce him tum. People are milling about, peering under the the proximate (legal) cause requirement presents an essentially normative normative inquiry I train. He learns from others that a man straining to see the fallen passenger inquiry. Deciding whether a result is "too remote or accidental in its occur­ leaned out too far and was hit by the oncoming train. He presses forward to rence, or "too dependent on another's volitional act" calls for an exercise II see the dead man. Could he be so lucky? They pull Prosecutor Baylor from of evaluative judgment. The inquiry cannot be resolved by examining the under the train. Manny turns and heads for the exit, full of himself. Squeeze facts more closely or having a more advanced uuderstanding of the science won't be making fun of him today.
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