Tuesday, October 25, 2011

Velazquez v. State case brief

Velazquez v. State
There can be no criminal liability for such result-type offenses unless it can be shown that the defendant’s conduct was a cause-in-fact of the prohibited result, whether the result be death of a human being, personal injury to another, or injury to another’s property.

What is the But-for test:
A defendant’s conduct is a cause-in-fact of the prohibited result if the said result would not have occurred “but for” the defendant’s conduct.

What is the Substantial factor test:
1. Occurs when two defendants, acting independently and not in concert with one another, commit two separate acts, each of which alone is sufficient to bring about the prohibited result.
2. Defendant’s conduct is a cause-in-fact of a prohibited result if the subject conduct was a “substantial factor” in bringing about the said result.

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