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Is causation for murder interrupted by victims behavior

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Is causation for murder interrupted when the victim leaves the hospital AMA and later dies? Case facts: The victim and defendant are a couple. The victim was diagnosed with enlarged liver/spleen and disease of both organs. The victim and defendant have a physical altercation (no weapons involved), the defendant body slams the victim and the victim later gets sick so the defendant takes him to the doctor to get medical attention. The victim leaves the hospital AMA and later falls into a coma and dies from a busted spleen. Defendant is charged with first degree murder.

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This post smacks of a homework assignment.

 

 

the victim leaves the hospital AMA

 

Care to define your acronym?

 

 

 

Is causation for murder interrupted when the victim leaves the hospital AMA and later dies?

 

Maybe.  This would require case research and a thorough review of all relevant facts (as opposed to a three sentence summary).

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Yes, the victim suffered from a ruptured spleen allegedly due to the altercation. Acronym AMA (Against Medical Advice) I do understand "eggshell" and the fact that you take the victim as they are but its unclear to me  as to whether or not the victim's actions of leaving against medical advice, after being taken for medical care by defendant, interrupts the causation. The closest case I have been able to find so far is R v. Blaue [1975] 1 WLR 1411.

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Even if this is a homework assignment I would think that textbooks would cover the actus reus of murder.

 

But pg1067, is right case law and state statutes would dictate whether the defendant is still criminally culpable. There are a bunch of tort concepts that could dictate different outcomes but its treated differently in criminal matters.

 

What state is this occurring in?

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This is in North Carolina and is not a homework assignment. It would be nice if it was then I would be given and answer! (lol) This is a criminal case where the defendant is charged with first degree murder. I am researching case law currently but not having luck with finding a case on point because most of the cases I have found the defendant uses a weapon or has intent of murder and none of the defendants have taken the victim for medical treatment. I will continue to research but hoping to use this page as a tool.

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What you're seeking to argue is that the victim's leaving the hospital without being treated was a superseding intervening cause of his death.  I doubt the argument would fly since he did die from the injuries inflicted but you are free to research it.

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