Author Question: Explain the difference between factual and proximate cause. What will be an ideal ... (Read 46 times)

codyclark · **on:** Aug 17, 2018

Explain the difference between factual and proximate cause.

What will be an ideal response?

Question 2

What if corpus delicti and how does it apply to crime?

What will be an ideal response?

durant1234 · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: The link between the act and the resulting harm. Factual cause is insufficient for criminal liability, which can be examined through the but for test. Instead, for there to be legal cause, the harm must be the proximate result of the act. Proximate cause is present when the resulting harm is the direct and probable result of the criminal act. Discuss the concept of foreseeability in that the precise harm or injury need not have been anticipated by the actor, but only that which is reasonable in light of all the facts and circumstances surrounding a particular act. Discuss the supervening and intervening acts, as well as the common law year and a day rule in murder cases. Explain how factual causality can be determined through the sine qua non test, which holds, in effect, without this, that would not be.

Answer to Question 2

Answer: Means the body of the crime. The prosecution must establish that a crime (as defined by the legislative body with elements of the offense) has been committed. Moreover, the prosecution must establish that a person is criminally responsible for committing that act. Discuss how an unsubstantiated confession is insufficient to obtain a conviction and why. Also, how it is necessary to establish jurisdiction, the court's authority to hear and decide the case as determined by the corpus delicti.