causation - Brian Byrne 23218703 Option #3: Voluntary...

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Brian Byrne 23218703 Option #3: Voluntary Manslaughter I believe that the defense does have the basis for further appeal in this case, since the prosecution has to prove causation in this criminal act in order convict the defendant with voluntary manslaughter. First of all the prosecution may be able to prove legal causation, that even though the defendant was the cause of the stabbing the resulting death was not caused by the stab wound. But the prosecution can show that there is factual causation, that the stab wounds to the victim’s abdomen by the defendant was in fact the cause of death by using the ‘but for’ test. When using the ‘but for’ test one can see that there might be factual causation in this case since the stab wound caused the victim to be hospitalized. The prosecution can prove that because of the stab wound the victim needed a hernia operation that then led to the eventual cardiac arrest and death of the victim. Even if there might have been some medical negligence the defendant did cause the death of the victim. The knife wound inflicted by the defendant did cause the victim to be
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This note was uploaded on 04/07/2008 for the course HIST 151 taught by Professor Mcfarland during the Spring '08 term at UMass (Amherst).

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causation - Brian Byrne 23218703 Option #3: Voluntary...

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