What is the test for establishing an "independent intervening cause" in a criminal case?
California, United States of America
The following excerpt is from People v. Herrera, 2d Crim. No. B271625 (Cal. App. 2017):
"'In general, an "independent" intervening cause will absolve a defendant of criminal liability. [Citation.] However, in order to be "independent" the intervening cause must be "unforeseeable . . . an extraordinary and abnormal occurrence, which rises to the level of an exonerating, superseding cause." . . . [Citation.]' [Citations.]" (People v. Cervantes (2001) 26 Cal.4th 860, 871.)
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