Firstly, the causation in criminal liability implies the understanding of whether the defendant could be considered as a cause of the damage (Brody and Acker 115). In turn, it is divided into factual and legal causation (Bacigal and Tate 32). The core goal of this essay is to evaluate different types of causation and introduce reforms for improvement.
Factual causation implies that the damage could not have possibly occurred without the actions of the defendant (Bacigal and Tate 32). White’s case refers to the factual causation, as the defendant had the intention to murder his mother but was not the primary cause of it (“R v White” par. 1). Consequently, the law does not consider the necessity of punishment for the planning of the murder. In turn, Pagett’s case refers to the murder’s usage of the girl as a shield to protect himself from the fire (“R v Pagett” par. 1). The police were the primary cause of the girls’ death, but it was considered as self-defense, and no factual causation was depicted. In turn, the law does not deliberate the possibility of the intervention of the third party.
In turn, the legal causation implies that the defendant’s conduct is punishable due to legal recognition (Bacigal and Tate 32). In this case, Kimsey’s case states that two girls were racing a car, and it led to the death of one girl (Ashbourne College par. 7). The legal causation implied that one was responsible for death due to the legal matters despite having two individuals involved in the accident. In turn, the Addams’ case is also contradictive as the doctor prescribed the medications and it led to the death of the patient (“Dr. Bodkins Adams” par. 1). In this instance, the law did not consider the professional duties, as Addams was convicted. Furthermore, the legal aspects do not consider the possibility of the involvement of multiple parties, as the examples are the case of Benge and the case of Marchent v Muntz (“Causation in Criminal Liability” par. 7).
The actions of the defendants were not the primary reasons for the damage. Additionally, Dear was found liable for the crime, as he attacked a person with a knife despite the possibility that the victim worsened his/her wounds himself/herself (Teal and Beauman 93). In this case, the law could not consider all angles of the situation. Furthermore, Roberts was convicted of grabbing a hitchhiker while jumping out of the car, was convicted of the crime, and this case portrayed the issue with daftness (Teal and Beauman 93). A similar case occurred with Williams, as the hitchhiker jumped out of the car, and Williams was convicted while not being guilty (Teal and Beauman 93). Lastly, the case of Cheshire explains that despite having the doctor’s fault, the defendant was still convicted due to the person’s death (“R v Cheshire” par. 1).
Based on the analysis of the cases provided above, the reforms have to be introduced to enhance justice in terms of legal decision-making. One of them is the ability to view each case individually and take into account the potential involvement of the third party. In turn, each case has to be considered from different perspectives. Lastly, the reform has to introduce a new system for the determination of the causation of the crimes while considering logic, factual, and legal causations simultaneously.
As for the evaluation of the reforms, they will contribute to equality in society. In turn, they will increase recognition and respect of the legal system in the society, and assist in the development of the logical foundations for the punishment. Nonetheless, the primary drawbacks of the individual approach are the subjectivity of the opinions and high time consumption for the decision-making.
Works Cited
Ashbourne College. Re: Law Blog: Causation. 2016. Web.
Bacigal, Ronald, and Mary Tate. Criminal Law and Procedure: An Overview, Stamford: Cengage Learning, 2015. Print.
Brody, David and James Acker. Criminal Law, Boston: Jones and Bartlett Publishers, 2010. Print.
Causation in Criminal Liability 2015. Web.
Dr Bodkins Adams 1957. Web.
R v Cheshire 1991. Web.
R v Pagett 1983. Web.
R v White 1910. Web.
Teal, Sue, and Craig Beauman. OCR Criminal Law and Special Study Paper, Abington: Hodder Education, 2013. Print.