Tsvety LL.M.

Intervening Causes in Criminal Law Introduction Criminal causation becomes difficult when something happens after the defendant’s conduct but before the ultimate result. A defendant may injure a victim, but then: These later events are known as intervening causes. The central legal question is: Does the later event break the causal Read more

Proximate Cause and Criminal Responsibility Introduction Establishing that a defendant’s conduct actually contributed to a criminal result is only part of the causation inquiry. A second question may arise: Is the connection between the defendant’s conduct and the result sufficiently close for the defendant to be held legally responsible? This Read more

But-for Causation in Criminal Cases Introduction Causation is one of the most important links between criminal conduct and criminal responsibility. It is not enough, in a result-based offense, to show that the defendant acted wrongfully and that a harmful result occurred. The prosecution must also establish that the defendant’s conduct Read more

Causation in Criminal Law: Factual and Legal Cause Criminal law does not always punish conduct merely because the defendant acted unlawfully. For many result-based offenses, the prosecution must establish something more: The defendant’s conduct must have caused the legally prohibited result. This requirement is known as causation. Causation becomes particularly Read more

Mens Rea and Strict Liability: When Is Fault Not Required? One of the foundational ideas of criminal law is that a person should ordinarily be punished only when the person is at fault for the prohibited conduct. This principle is closely connected to mens rea, the mental state required for Read more

Motive vs. Intent in Criminal Law One of the most common misunderstandings in criminal law is the belief that motive and intent mean the same thing. They do not. A person may commit a crime with a clear motive but without the specific intent required by the offense. Conversely, a Read more

Conditional Intent in Criminal Law Criminal intent is often presented as though it must always be simple and unconditional: “I intend to kill this person.” But human intentions are not always expressed that way. A person may instead think: “I will kill him if he comes through that door.” Or: Read more

Malice Aforethought and Criminal Intent Few expressions in criminal law are more misleading to a modern reader than malice aforethought. The words seem to suggest that a person must hate the victim, act out of spite, or carefully plan a killing in advance. That is not what the legal term Read more

Transferred Intent in Criminal Law What happens when a person intends to commit a crime against one person but accidentally harms someone else? Imagine that Alice deliberately shoots at Bob intending to kill him. Bob moves at the last moment. The bullet misses Bob and strikes Charlie, killing him. Alice Read more