CALCRIM No. 620

There may be more than one cause of death. An act causes death only if

it is a substantial factor in causing the death. A substantial factor is more

than a trivial or remote factor. However, it does not need to be the only

factor that causes the death.

<A. Negligence of Decedent or Third Party, Not Medical Personnel>

[The failure of <insert name of decedent> or another person

to use reasonable care may have contributed to the death. But if the

defendant’s act was a substantial factor causing the death, then the

defendant is legally responsible for the death even though

<insert name of decedent> or another person may have failed to use

reasonable care.]

<B. Negligence of Medical Personnel>

[The failure of the (doctor(s)/ [or] medical staff) to use reasonable care in

treating <insert name of decedent> may have contributed to

the death. But if the injury inflicted by the defendant was a substantial

factor causing the death, then the defendant is legally responsible for the

death even though the (doctor[s]/ [or] medical staff) may have failed to

use reasonable care. On the other hand, if the injury inflicted by the

defendant was not a substantial factor causing the death, but the death

was caused by grossly improper treatment by the (doctor[s]/[or] medical

staff), then the defendant is not legally responsible for the death.]

<C. Vulnerable Victim—Injury Accelerating Death>

[<insert name of decedent> may have suffered from an

illness or physical condition that made (him/her) more likely to die from

the injury than the average person. The fact that <insert

name of decedent> may have been more physically vulnerable is not a

defense to (murder/ [or] manslaughter). If the defendant’s act was a

substantial factor causing the death, then the defendant is legally

responsible for the death. This is true even if <insert name

of decedent> would have died in a short time as a result of other causes

or if another person of average health would not have died as a result of

the defendant’s actions.]

If you have a reasonable doubt whether the defendant’s act caused the

death, you must find (him/her) not guilty.

New January 2006