Also known as: probable consequences · natural and probable consequence
Written by attorneys · grounded in primary & secondary sources — see below
An effect or result that is more likely than not to follow its supposed cause.
Lina operates an organic farm next to Mark's conventional fields. Pesticide drift threatens her certification and recurring crop losses. She seeks an injunction limiting Mark's spraying schedule. The court compares the probable consequences of restricting spraying against the probable consequences of repeated damage awards and denies the injunction because damages would adequately address the harm without disrupting Mark's operations.
Pierre stabs Patricia during an argument. She receives prompt medical care yet dies fifteen months later from complications. The prosecution must show the death was a probable consequence of the stabbing rather than an unrelated intervening event. Because medical evidence establishes the link, the jury may convict Pierre of murder even though the death occurred well after the year-and-a-day period.
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Penelope grows marijuana solely for personal medical use under state law. Federal agents seize the plants and charge her with violating the Controlled Substances Act. The government argues that the aggregate effect of similar home production substantially affects the interstate marijuana market. The court upholds the federal prohibition because that aggregate impact supplies the necessary commerce-clause connection.
Paula lies in a persistent vegetative state after an accident. Her parents seek to discontinue artificial nutrition. The state requires clear evidence that Paula would have refused treatment. The court finds clear and convincing evidence from her prior statements that she would have refused continued feeding and therefore permits withdrawal of the feeding tube.
Phoebe is charged with aggravated assault after striking a bystander during a fight. The trial judge instructs the jury that a person of sound mind intends the natural and probable consequences of her acts. The instruction creates an unconstitutional mandatory presumption, so the prosecution must still prove intent beyond a reasonable doubt without shifting any burden to the defense.
Portia drives her friend to a location knowing he intends to sell cocaine but claims she did not know a gun would be used. The prosecution must prove that the gun's presence was a probable consequence of the drug transaction she facilitated. Because carrying firearms is a common feature of drug sales, the jury may find Portia liable for the firearm offense as well.
The court compares the probable consequences of granting the injunction with the probable consequences of relying on alternative remedies such as repeated damage awards. The analysis is forward-looking and practical rather than a mechanical exhaustion requirement.
The actual result must be a probable consequence of the actor's conduct. This requirement prevents liability when the harm is too remote or accidental even though strict liability removes the mens rea element.
A properly worded instruction creates only a permissive inference that the jury may accept or reject. It does not relieve the prosecution of proving every element beyond a reasonable doubt or create a mandatory presumption.
…her to accept medical treatment forbidden by her religious principles, and previously refused by her with full knowledge of the probable consequences"). [^maj-7]: The Missouri court appears to be alone among state courts to suggest otherwise , 760 S.W.2d, at 419 and 423, although the court did not rely on a distinction between…