Proximate Cause:

This week, we looked at many things - and one of them was a major concept referred to as Elements of Offense. This is the "Parts of a Crime" that included the State being able to prove the Identity of the suspect, the Act that they committed, the Intent that was involved, and the Injury or Loss sustained by the victim. Lacking these elements, the State may not have a case.

We further read about Intent having different flavors, such as: Purposely (on purpose - 1st degree murder - intending to kill), Knowingly (knew it probably would - punch to the mouth knowing it will hurt), Recklessly (aware of some risk but ignores it - knowing something is probably toxic but selling it as food anyway), Negligently (fails to recognize a reasonably recognizable risk - driving a tractor trailer without knowledge of how to do so while drunk at high speed through a golf course). Depending on the intent, the nature of the case may change.

Finally, we covered Proximate Cause - the concept that though a person may have committed some kind of act, if it is not the act that led to the loss, they may or may not be liable for it.

Take a look at this case summary, and evaluate it against the statute for Simple Assault (13VSA1023). Don't forget to check the statute on Michie's Legal Resources so you know what you're looking for...

 

Case Summary:

Paul and Leo are walking home from a hard night of partying at a local drinking establishment. Paul is very intoxicated, swaying as he walks, and Leo isn't much better off. As they walk home, they pass Victor coming the other way - Victor is an avid cricket fan and is wearing a "USA Cricket Association" T-Shirt. Paul and Leo both find this entertaining, and Paul begins openly mocking Victor about his sport of choice. Victor takes offense to this, shouts at the two to leave him alone and attempts to walk past the two with his hands in his pockets. Leo shouts "hit him, Paul" and Paul strikes Victor in the nose with a closed fist, breaking Victor’s nose. Victor is knocked to the ground by the blow - Paul and Leo stand there congratulating each other drunkenly. As this happens, a police cruiser with two officers in it is pulling up to the stop sign across the street; the last 30 seconds of the event are video recorded; both Paul and Leo are immediately detained by police and Victor is sent to the hospital to have his nose repaired. Victor is found to be stone cold sober - he prefers tea. Both other men request alcohol test to see "what their tolerance is." The police oblige, and Paul has a Blood Alcohol of .160%, Leo measures up at .182%.

 

Assignment:

 

Write a 1.5 to 2-page paper regarding this case addressing the elements and factors that we discussed this week. Remember to address Identity, Act, Intent, and Injury/Loss as well as the different natures of Intent that are in play, as well as any arguments of Proximate Cause that can be brought. Is the statute of Simple Assault viable in this case? If you were the prosecutor, what would you call attention to? If you were the defense, what would you call attention to? What do you expect the outcome of this case to be?