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Criminal Law

Intervening Causes in Criminal Law

Intervening Causes in Criminal Law Introduction Criminal causation becomes difficult when something happens after the defendant’s conduct bu

Criminal Law

Proximate Cause and Criminal Responsibility

Proximate Cause and Criminal Responsibility Introduction Establishing that a defendant’s conduct actually contributed to a criminal result i

Criminal Law

But-for Causation in Criminal Cases

But-for Causation in Criminal Cases Introduction Causation is one of the most important links between criminal conduct and criminal responsi

Criminal Law

Causation in Criminal Law: Factual and Legal Cause

Causation in Criminal Law: Factual and Legal Cause Criminal law does not always punish conduct merely because the defendant acted unlawfully

Criminal Law

Mens Rea and Strict Liability: When Is Fault Not Required?

Mens Rea and Strict Liability: When Is Fault Not Required? One of the foundational ideas of criminal law is that a person should ordinarily

Criminal Law

Motive vs. Intent in Criminal Law

Motive vs. Intent in Criminal Law One of the most common misunderstandings in criminal law is the belief that motive and intent mean the sam

Criminal Law

Conditional Intent in Criminal Law

Conditional Intent in Criminal Law Criminal intent is often presented as though it must always be simple and unconditional: “I intend to kil

Criminal Law

Malice Aforethought and Criminal Intent

Malice Aforethought and Criminal Intent Few expressions in criminal law are more misleading to a modern reader than malice aforethought. The

Criminal Law

Transferred Intent in Criminal Law

Transferred Intent in Criminal Law What happens when a person intends to commit a crime against one person but accidentally harms someone el

Criminal Law

Willful Blindness in Criminal Law

Willful Blindness in Criminal Law Criminal law often requires the prosecution to prove that a defendant knew a particular fact. But what hap

Criminal Law

Criminal Negligence and Gross Negligence

Criminal Negligence and Gross Negligence Criminal law does not normally punish people simply because they were careless. Everyday life invol

Criminal Law

Knowledge as a Form of Mens Rea

Knowledge as a Form of Mens Rea Criminal law does not generally punish people simply because they perform a prohibited act. In many offenses

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