LAW 604 Lecture 10: Crim Law - Prof Johnson - Class 10
Document Summary
If the d intended the result to occur, this points to the d being the proximate cause of the result. If the forces set in motion have come to a rest in a position of apparent safety, this suggests that the d is not the proximate cause. If the intervening cause was a product of free, informed, and deliberate human choice, this suggests that the d is not the proximate cause: concurrence of the elements. The court finds that rose was not criminally negligent when he hit the victim. After he hit the victim, rose continued to drive with the victim stuck between his wheel. Experts testified that they were not able to determine when the victim died: on impact or after rose started driving. The state was unable to prove their burden that the elements aligned at a particular time, specifically that the causation element aligned with the actus reus and mens rea.
