| JUSTIFICATION AS A DEFENSE |
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| A justification means that a defendant is seeking to avoid liability for a criminal offense by showing the circumstances that justified the defendant's actions. A justification is not a true defense. When asserting a justification, the defendant generally admits that he or she committed the offense but claims that his or her conduct was justified under the facts and circumstances. More... |
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| JURISDICTION OVER OFFENSES THAT ARE COMMITTED ON NATIVE AMERICAN RESERVATIONS |
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| When a criminal offense is committed in "Indian Country," jurisdiction over the offense may be assumed by either the federal government, by a state, or by a tribal court. The entity that will assume jurisdiction over the offense depends upon the nature of the offense, whether any jurisdiction has been conferred on a state, and whether the perpetrator or the victim of the offense is a Native American.
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| CULPABLE MENTAL STATES |
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| In order to be convicted of a criminal offense, a defendant must commit certain conduct that is prohibited by a statute, a municipal ordinance, or a rule; the defendant's conduct must produce the required result; the defendant must have the required mental state or culpability for the offense; and any exception to the offense must be negated. The required mental state or culpability for an offense refers to the defendant's state of mind or intent. The required mental state or culpability for an offense may consist of one or more mental elements.
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| RIOT, OBSTRUCTION, AND DISRUPTION |
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| A person commits the offense of riot when he or she, along with an assembly of a certain number of persons, creates an immediate danger of injury to property or to other persons or when he or she substantially interferes or obstructs law enforcement or other government functions or services.
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| SENTENCING HEARINGS |
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| When a defendant is accused of a criminal offense and the defendant pleads not guilty to the offense, the defendant's trial may involve a two-stage process, depending upon whether the defendant is tried by a jury or a trial judge. The two-stage process involves the guilt or innocence stage of the trial and the punishment stage of the trial.More... |
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