(Solution Download) 1 Explain the difference between factual and legal causation b


1. Explain the difference between factual and legal causation, based on the facts of this case. Berggren claims to have been unaware of the collision involving the officer?s cruiser and tree, and he insist that he never intended that the officer die. Why should this defendant be criminally responsible for causing the death of the officer?

Lynch, Justice
The defendant is awaiting trial before a jury of six in the Barnstable Division of the District Court on a complaint charging him with motor vehicle homicide by negligent operation of a motor vehicle so as to endanger public safety (G.L. c. 90, § 24G(b) [1984 ed.]). The District Court judge granted the joint motion to ?report an issue? to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979). We transferred the report here on our own motion.

 







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