Tuesday, April 20, 2021

Causation In Chauvin

Is it this? Do you agree it’s this:


Defense: if factors like the his heart problem, his drug intake, his tumor, carbon monoxide, his occluded arteries all combined or any of them were significant in causing his death, then Chauvin whatever he did, didn’t cause his death and he’s not guilty;

Prosecution: Chauvin’s bracing GF may have triggered those factors to contribute to his death but they wouldn’t have been a factor but for the bracing so he’s guilty for two reasons 1. the bracing itself substantially caused the lack of oxygen that led to his death; 2. Insofar as it triggered the other factors to act in concert with the bracing, it doesn’t matter.

Some of the difference is purely factual: 

1. Did as a factual matter Floyd die from the bracing causing lack of oxygen?

2. Did Floyd die purely from the other factors combined that the bracing merely triggered?

3. Did Floyd die from all the factors in some degree of different combination, ie the bracing was more than just a trigger?

4. If 3., which was more substantial, the bracing or the combination of other factors.

5. What if 4. can’t be answered? 

If 1., which is the prosecution’s basic theory, DC guilty (of something).

If 2., defense’s basic theory, DC acquittal.

If 3. and 4., then I think defense says if other factors more significant then DC gets off, and prosecution says as long as bracing substantial then he’s guilty.

5. And if it can’t be measured, then same as 4.: defense says reasonable doubt; prosecution says he’s guilty.

I don’t know the legal answer to 4 and 5.

I think the jury will find bracing and other factors caused his death in combination but the former was the effective and most substantial cause of his death and will convict DC (of something.) 




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