People v. Superior Court (Cal. Ct. App. - May 30, 2024)

The majority and the concurring justice disagree somewhat on the reasons why. But both agree -- in my view, entirely correctly -- that while it might be second degree murder if you down a massive amount of oxycodone, speed recklessly, and crash into someone, it's not second degree murder if you chug the oxy, speed recklessly, crash yourself, and then half an hour later and a half-mile away, a truck driver doesn't see the resulting traffic jam and slams into someone, killing them.

This is a classic example, I think, of the difference between but-for causation and proximate causation. Did the driver's conduct result in death? Yes. If she hadn't done what she did, someone currently dead would still be alive. And did the defendant have the requisite mens rea for a murder conviction? Sure. At least at the time she took the oxy and decided to drive recklessly. (Maybe not, however, during the half hour she was totally out of it and wouldn't get out of the vehicle.)

But but-for causation isn't sufficient for murder. Otherwise every mother of a murderer would themselves be potentially guilty as well. There's got to be proximate cause -- something for which, unfortunately, there is no set bright line rule, but that's why we have incredibly bright and sophisticated judges, as well as the resulting common law.

And, here, a murder charge is simply a bridge too far.