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State v. Munoz11/17/1998
verdict in a vehicular homicide case is its determination that the defendant had the power to prevent the victim's death by driving lawfully instead of recklessly or while intoxicated. Here, for instance, the State presented evidence that if Defendant had not been intoxicated or driving recklessly, he would have applied his brakes or otherwise been able to avoid ramming the victim's car. Under such circumstances, it is proper and just to hold the defendant criminally responsible for the consequences of his or her unlawful behavior. In this respect, we agree with those courts and commentators that have observed that causation in a criminal case is generally, though not always, less complicated than in a tort case. See People v. Stewart, 358 N.E.2d 487, 491 (N.Y. 1976); Jerome Hall, General Principles of Criminal Law 254-57 (2d ed. 1960).
{23} Finally, while Defendant is correct that Simpson did not involve UJI 14-252, we agree with the Court of Appeals' Conclusion that the rationale in Simpson is controlling. As we have discussed, the rationale of Simpson is simply that there must be a significant link between the victim's death and the defendant's act of reckless driving or driving while intoxicated. See ; see also (proximate cause required for vehicular homicide conviction). UJI 14-252, given together with UJI 14-251, merely provides that if that link is not broken by some intervening event-in this case the victim's alleged negligence-the defendant should not escape criminal responsibility for his actions.
CONCLUSION
{24} The phrase "if you find" in UJI 14-252 does not shift the burden of proof to Defendant's shoulders. Although UJI 14-252 must be rewritten to instruct the jury on foreseeability, the absence of such language in this case was harmless error. UJI 14-252 need not instruct the jury on a higher standard of causation than that articulated in UJI 14-251. Defendant's convictions are affirmed.
{25} IT IS SO ORDERED.
GENE E. FRANCHINI, Chief Justice
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