Discuss the problem of causation in criminal law and what rules have evolved to deal with the problem.
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| Submitted: Thu Jul 11 2002
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Discuss the problem of causation in criminal law and what rules have evolved to deal with the problem. Causation in its basest terms is simply the remoteness of the act from the crime. This in itself has caused many problems with regard to legal argument and also subsequent loopholes that appeared within the criminal law. It has been established over many years and tried cases, that there must be a clear and unbroken link, or chain of events, that links the defendant to the criminal act. The first and most important point to be considered is "would the act have occurred anyway?" This is often referred to as the "but for" test. In simplest terms this means would the consequence of the defendants act have occurred in the same way at the same time 'but for' the defendants actions. If the answer to this question is 'Yes' then the defendant is not guilty...


