POST-TRIAL: INTRODUCTORY                                CALCRIM No. 240

[There may be more than one cause of (injury/______________

<insert other description>). An act causes (injury/_____________
<insert other description>), only if it is a substantial factor in

causing the (injury/             <insert other description>). A
substantial factor is more than a trivial or remote factor. However, it does not have to be the only factor that causes the (injury/ ____________________<insert other description>).]

BENCH NOTES

Instructional Duty

If causation is at issue, the court has a sua sponte duty to instruct on proximate cause. (People v. Bernhardt (1963) 222 Cal.App.2d 567, 590–591 [35 Cal.Rptr. 401]; People v. Cervantes (2001) 26 Cal.4th 860, 866–874 [111 Cal.Rptr.2d 148, 29 P.3d 225].) The committee has addressed causation in those instructions where the issue is most likely to arise. If the particular facts of the case raise a causation issue and other instructions do not adequately cover the point, give this instruction.

If there is evidence of multiple potential causes, the court should also give the bracketed paragraph. (People v. Sanchez (2001) 26 Cal.4th 834, 845–849 [111 Cal.Rptr.2d 129, 29 P.3d 209]; People v. Autry (1995) 37 Cal.App.4th 351, 363 [43 Cal.Rptr.2d 135].)

61.

CALCRIM 240. Causation-Page 61
CALCRIM 240. Causation-Page 62
 

(Pub 1284)

Copyright 2008 Judicial Council of California. 

California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents 
California Jury Instructions-CALCRIM-Vol. 1. General Instructions