Gavin Howe
The apparent safety doctrine is a legal concept in criminal law that relates to the determination of proximate cause. It suggests that once the danger from the defendant is no longer present, they are no longer considered the proximate cause of harm. This doctrine is just one of many that seek to establish causation in criminal cases, including the “intended consequences” doctrine and the “foreseeable consequences” doctrine. While these doctrines provide a framework for analysis, there are no categorical rules for determining proximate cause. The apparent safety doctrine raises the question of whether the victim reached a state of apparent safety, thereby absolvING the defendant of responsibility for any subsequent harm. This doctrine, along with others, is used by attorneys to argue justice to the jury, drawing on both common law principles and the Model Penal Code (MPC). While common law is judge-made law that forms the basis of legal learning, the MPC has superseded it in terms of criminal law, rendering common law crimes obsolete.
| Characteristics | Values |
|---|---|
| Definition | The "apparent safety" doctrine says that once the danger from the defendant is no longer present, we no longer consider that defendant a proximate cause. |
| Application | The question is: did the victim reach "apparent safety"? |
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What You'll Learn
Apparent safety doctrine and proximate cause
The "apparent safety" doctrine is a legal principle that comes into play when determining the proximate cause of harm. It states that once the danger posed by a defendant is no longer present, they are no longer considered the proximate cause of any subsequent harm. In other words, if a victim reaches a position of "apparent safety," the defendant's actions are no longer seen as the proximate cause.
Proximate cause is a key concept in criminal law, where it is used to determine who is legally responsible for harm or damage. It involves making a causal judgment about the connection between an action and the resulting harm. This is distinct from actual causation or "causation-in-fact," which is a scientific judgment about who caused what.
The "apparent safety" doctrine highlights the complexity of determining proximate cause, particularly in cases with intervening causes. For example, in the case of Kibbe v. Henderson, Kibbe and his friend robbed Stafford and left him on the side of the road, where he was subsequently hit and killed by a pickup truck. The defendant's act was pushing the victim out onto the road, but there was an intervening cause—Stafford's decision to move from the side of the road to the middle—that ultimately led to his death.
Legal scholars have differing views on how to determine proximate cause. Formalists argue for a causal judgment first, followed by moral reasoning, while realists contend that moral judgment precedes causal judgment. Despite these differing views, the determination of proximate cause remains a critical aspect of criminal law, influencing how responsibility is assigned and justice is served.
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Common law and intervening acts
The "apparent safety" doctrine is a legal principle that is based on the concept of proximate causation. It states that once the danger posed by a defendant is no longer present or imminent, they can no longer be considered the proximate cause of harm. This doctrine is often applied in criminal law to determine liability and causation.
Now, let's discuss intervening acts, also known as Novus Actus Interveniens, in the context of common law. An intervening act can be understood as an event or action that disrupts the chain of causation between the defendant's conduct and the harm suffered by the claimant. There are three types of intervening acts: acts by third parties, acts by the claimant, and acts of nature. These acts can potentially break the causal link between the defendant's actions and the final outcome, thus limiting their liability.
In common law, intervening acts play a crucial role in determining liability, especially in tort law. The principle of Novus Actus Interveniens suggests that if an intervening event occurs before the trial, and it is unrelated to the original harm, it may constitute a break in the chain of causation. This was exemplified in the case of Jobling v Associated Dairies Ltd [1982] AC 794, where the claimant suffered a back injury due to their employer's negligence, which resulted in a loss of earning capacity. However, before the trial, the claimant also developed a spinal disease, rendering them completely unable to work. The courts ruled that the spinal disease was an intervening act, limiting the employer's liability to the period between the initial injury and the onset of the disease.
The case of Jobling v Associated Dairies Ltd set a precedent for how intervening acts are handled in common law. It established that an unconnected illness or injury that occurs before the trial and overwhelms the original harm can be considered a novus actus interveniens. This principle highlights the importance of timing and the distinction between pre-trial and post-trial intervening events. While rare, situations like these can significantly impact the determination of liability and compensation.
It is worth noting that the application of intervening acts in common law can be complex, especially when it comes to third-party acts. In some cases, intervening acts by third parties may still be considered consequences of the original harmful act, thus maintaining the chain of causation. For example, in the case of a negligent driver damaging a car, if the same car is subsequently crushed by a parking official, the original driver may argue that their liability should only cover the damage caused during the time their actions affected the car.
In summary, intervening acts, or Novus Actus Interveniens, play a crucial role in common law, particularly in tort law. They can break the chain of causation and limit liability, especially when they are unconnected disabling illnesses or injuries that occur pre-trial, as established in Jobling. However, the presence of intervening acts does not always disrupt the causal link, and each case must be carefully evaluated based on its unique circumstances.
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Model Penal Code and common law
The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures in updating and standardizing penal laws. It was a project of the American Law Institute (ALI) and was published in 1962 after a ten-year drafting period. The MPC is not law in any jurisdiction in the U.S., but it has served as a basis for the replacement of existing criminal codes in over two-thirds of the states.
The MPC does not consider common law crimes to be valid. However, this does not mean that common law is irrelevant. Common law, or judge-made law, is the basis of what is learned in law. At common law, there were eight felonies, whereas now, virtually anything can be considered a crime. While almost all states have abolished common law offenses, the MPC does refer to common law in its definitions. For example, the MPC states that any non-MPC statute in the jurisdiction's criminal code that uses the term "intentionally" shall mean "purposely," and any use of "willfully" shall mean "with knowledge."
The MPC is frequently used as a tool for comparison and interpretation of non-code criminal statutes. For example, Section 230.3 Abortion (Tentative Draft 1959, Official Draft 1962) of the MPC was used as a model for abortion law reform legislation enacted in 13 states from 1967 to 1972. This section was also included as an appendix in the January 22, 1973, Doe v. Bolton decision of the United States Supreme Court.
While no state is obliged to adopt any specific part of the MPC, advocates of the MPC stress that the law must be clearly defined to prevent arbitrary enforcement and a chilling effect on a population unsure of what actions are punishable.
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Apparent safety doctrine and intervening cause
The "apparent safety" doctrine in criminal law says that once the danger from the defendant is no longer present, we no longer consider that defendant a proximate cause. The question that must be asked is: did the victim reach "apparent safety"? If the victim did reach "apparent safety", then we would assign proximate cause for any harm that befalls them to them.
Intervening causes are a key consideration in cases where the apparent safety doctrine is applied. An intervening cause is something that happens after the defendant's negligent act, and contributes to causing the plaintiff's injury. For example, in a case where Daniel fails to properly repair Pamela's brakes, and Pamela is later unable to stop in time when Ian runs a red light, Ian's bad driving is an intervening cause of Pamela's accident and injuries. However, Daniel could still be held legally responsible for his role in causing the accident.
A superseding cause is a type of intervening cause that is so unrelated to the defendant's negligence that it absolves them of legal responsibility for the plaintiff's injury. For example, if Pamela, in the previous example, had exited her car and been struck by lightning, the lightning strike would be a superseding cause that would relieve Daniel of responsibility for her injuries.
In some cases, it can be difficult to determine whether an intervening cause is significant enough to supersede the defendant's actions as the proximate cause. In the Henningsen case, the gun owner contributed to the shooting of Henningsen by selling a gun to a minor, but the mother's ineffective hiding of the gun also contributed. The court held that the gun owner's "active force" had not yet "come to rest" and that their wrongdoing "continued to be potentially active", with subsequent intervening actions only serving to unleash the "force which the defendant had set in motion".
The Model Penal Code (MPC) suggests that the jury should be given the basic question of whether the result of a case is just, rather than relying on complicated tests from common law. However, common law rules and doctrines can still be relevant and can be used by attorneys to argue justice to the jury. Ultimately, there is no black-letter rule for judging proximate cause, and judges have the discretion to interpret the rules so that the "right" result is achieved.
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Apparent safety doctrine and proximate causation tests
The "apparent safety" doctrine is a test of proximate causation that determines whether a defendant can be considered the proximate cause of harm when the danger they posed is no longer present. This doctrine is applied when the victim could have reached apparent safety but failed to do so, resulting in harm. For example, if a victim could have easily entered a house but chose to sleep at the door, the doctrine would suggest that the victim's decision, rather than the defendant's actions, is the proximate cause of their harm.
Proximate causation is a concept in criminal law and tort law that seeks to determine the legal causation of harm by considering fairness and justice. It involves making a moral judgment about rightness and wrongness, followed by a causal judgment about proximate causation, and finally, a normative judgment about responsibility. While there are no categorical rules, various doctrines and tests guide the determination of proximate causation.
The "intended consequences" doctrine, for instance, seeks to identify the person who intended to cause harm and considers them the proximate cause. However, this approach may not always be definitive, and other factors, such as intervening causes, can complicate the determination of proximate causation. In such cases, the "apparent safety" doctrine can be applied to assess whether the victim had the opportunity to avoid harm.
The Model Penal Code (MPC) and common law offer different approaches to proximate causation. The MPC simplifies the determination by asking the jury to consider whether the outcome is just, while common law provides various tests and standards. Common law is judge-made law, and while most states have abolished common law offenses, it still holds relevance and can be used by attorneys to argue justice to the jury.
The interpretation of proximate causation has been a subject of debate between formalists and realists. Formalists argue for a causal judgment preceding moral reasoning, while realists assert that judges make moral judgments first and then introduce causal judgments to justify their moral stance. Realists deny the existence of a distinct doctrine of proximate causation, believing that judges use it as an exercise in indirection to disguise their moral judgments.
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Frequently asked questions
The 'apparent safety' doctrine relates to proximate cause. It states that once the danger from the defendant is no longer present, we no longer consider that defendant a proximate cause.
The 'apparent safety' doctrine is not part of the MPC. The MPC says that common law crimes are no longer valid, but this does not mean that common law is irrelevant.
The 'apparent safety' doctrine is used in common law to argue justice to the jury. It is one of many tests and standards for proximate cause.
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