27 Jun FIRST, EXPLAIN THE CONCEPT OF “FORESEEABILITY” (THE FIRST RULE OF A CRIMINAL ACT)
irections: Answer the questions below. Your written responses should be at least one half of one page in length and should utilize APA guidelines for formatting and citations. Please cite examples from the textbook, when applicable.
First, explain the concept of “foreseeability” (the first rule of a criminal act). Secondly, the second rule that applies to situations in which the accused takes the victim as he finds him or her; for example, if Keesha strikes Raul without the intent to kill but (unknown to Keesha) Raul is a hemophiliac and bleeds to death because of the injury inflicted by her, Keesha can be liable for the death. Give your explanations of the law in these situations.
Answer:
Legal Causation of any act mostly entails the question of foresee ability. A person is only liable for the foreseeable but cannot be liable for the unforeseeable circumstances. If a person acts in such a manner that he did not intend to cause a specific outcome and ends up causing it, he is not liable for the act. If a person performs an act knowing very well the outcome of the action may be detrimental, and the outcome comes to pass, he is negligent in his actions. The second law simplifies that a person will take a person or other thing as he finds it meaning that if a thing is faulty, he takes it as it is.
In the above situation, when a person kills another accidentally or without the specific intent to kill, can be said to have committed a felony and he can be charged with murder. But in law, the law of strict liability will apply such that if someone who does an act of crime, will be liable for all consequences that the situation presents however unforeesable.
For an act to be considered negligent on the part of the defendant, proximate cause must be satisfied that he breached the legal duty…….
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