45.4k views
4 votes
Proximate cause may be found in such cases as where an officer:

a) gives evidence in court that ultimately results in a conviction
b) fails to arrest an individual after determining he is driving while under the influence of alcohol
c) receives a call for service regarding a violent crime in progress but fails to arrive until after a citizen has been injured
d) proximate cause present in all of the above

1 Answer

5 votes

Final answer:

Proximate cause is assessed to determine if a police officer's actions or inactions are closely related enough to an injury or damage to be deemed legally responsible. The concept necessitates a foreseeable and substantial link between the officer's conduct and the harm, and its presence is potentially applicable in all the scenarios provided.

Step-by-step explanation:

The concept of proximate cause in legal terms refers to whether the actions or inactions of a police officer are closely related enough to an injury or damage that they can be deemed legally responsible. Proximate cause requires more than just a causal link; it must be a primary reason for the injury that was foreseeable.

In the provided scenarios where an officer:

  • gives evidence in court that ultimately results in a conviction,
  • fails to arrest an individual after determining he is driving while under the influence of alcohol,
  • receives a call for service regarding a violent crime in progress but fails to arrive until after a citizen has been injured,

the potential for proximate cause exists in all of the above if the officer's actions or inactions directly led to a foreseeable harm. However, the establishment of proximate cause would depend on the specific circumstances of each case and whether the officer's behavior is considered a substantial factor in bringing about the harm.

User Archil Kublashvili
by
7.9k points