CAUSATION
(N.J.S.A.
2C:2-3) model jury charge
[CHARGE
IN ALL CASES]
Causation has a special meaning under the
law. To establish causation, the State
must prove two elements, each beyond a reasonable doubt:
First, but for the defendant's conduct,
the result in question would not have happened.
In other words, without defendant’s actions the result would not have
occurred.
[WHEN PURPOSEFUL OR KNOWING CONDUCT
INVOLVED]
Second, the actual result must have been
within the design or contemplation of the defendant. If not, it must involve
the same kind of injury or harm as that designed or contemplated, and must also
not be too remote, too accidental in its occurrence or too dependent on
another’s volitional act to have a just bearing on the defendant's liability or
on the gravity of his/her
offense.
[WHEN
RECKLESS OR NEGLIGENT CONDUCT INVOLVED]
Second, [for reckless conduct] that the
actual result must have been within the risk of which the defendant was aware. If not, it must involve the same kind of
injury or harm as the probable result and must also not be too remote, too
accidental in its occurrence or too dependent on another’s volitional act to
have a just bearing on the defendant's liability or on the gravity of his/her
offense.
Second, [for negligent conduct] that the
actual result must have been within the risk of which the defendant should have
been aware. If not, it must involve the
same kind of injury or harm as the probable result and must also not be too
remote, too accidental in its occurrence or too dependent on another’s
volitional act to have a just bearing on the defendant's liability or on the
gravity of his/her
offense.
[ABSOLUTE
OR STRICT LIABILITY]
Second, the actual result must have been
a probable consequence of the defendant’s conduct. It must not be too remote, too accidental in
its occurrence or too dependent on another’s volitional act to have a just
bearing on the defendant’s liability.
