ADMJ 103 Lecture Notes - Lecture 17: Lesser Included Offense, Peritonitis
Document Summary
Element 4 = actual/but-for causation (cause-in fact: general principles: Link b/w voluntary act and social harm that occurred. A person is not the cause of the harm unless two elements have been proven: d is the actual cause/cause in fact/but-for cause of the harm, d is the proximate or legal cause of the harm. B is a terminally ill patient, dying of cancer. Presumably b would not have died in 2 minutes but for voluntary act of a shooting b. A is the actual cause of b"s death. If accelerates death, then this person is the actual cause of the death. Oxendine v. state, sc de, 1987: facts: oxendine"s girlfriend pushed jr. into the bathtub causing microscopic tears in his intestines which led to peritonitis. Next morning sr. went into son"s bedroom and began screaming at him to get up.
