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A few factors serve as criteria supporting the waiver to adult criminal court: the nature of the offense, the sophistication it requires, the defendant’s criminal history, and the threat the defendant poses to public safety. Mario shoplifts some candy from the local market and is arrested.
The newly elected district attorney decides to make an example of Mario, and begins an adult criminal prosecution against him for theft.
The Model Penal Code equates involuntary intoxication with the substantial capacity test, providing “[i]ntoxication which (a) is not self-induced…is an affirmative defense if by reason of such intoxication the actor at the time of his conduct lacks substantial capacity either to appreciate its criminality [wrongfulness] or to conform his conduct to the requirements of law” (Model Penal Code § 2.08 (4)).The case decision that Shelby relied on is Review the mistake of law defense example given in Section 6 "Example of the Mistake of Law Defense".Assume that in Shelby’s state, it is currently illegal to sell products over the Internet without charging sales tax.States divide up the jurisdiction of criminal defendants between juvenile courts and adult courts.Juvenile court systems generally retain jurisdiction over criminal defendants under the age of sixteen, seventeen, or eighteen, with exceptions.