Ohio Preponderance of the Evidence

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don-in-ytown
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Ohio Preponderance of the Evidence

Post by don-in-ytown »

If I am correct, Ohio is the only state where the defendant has to prove self-defense to the legal standard of "preponderance of evidence" as the standard of proof in a self defense case. In ALL the other states the prosecution has to disprove self-defense "beyond a reasonable doubt".
It seems Ohio is tougher on a person who is accused of a crime in a self-defense case.
If this is right, why don't we ask for legislation that would change the law to be consistent with all the other states?
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pirateguy191
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Re: Ohio Preponderance of the Evidence

Post by pirateguy191 »

"Ohio law was changed in 2019 in self-defense cases. If there is evidence that tends to support that a person accused of a crime used force in self-defense, the burden shifts to the prosecution to prove beyond a reasonable doubt that the accused did not use force in self-defense, defense of another or defense of one’s residence."
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don-in-ytown
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Re: Ohio Preponderance of the Evidence

Post by don-in-ytown »

Do you have a reference to that legislation? A bill that passed?
TIA
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Re: Ohio Preponderance of the Evidence

Post by JustaShooter »

don-in-ytown wrote:Do you have a reference to that legislation? A bill that passed?
132nd General Assembly HB 228

ORC 2901.05
(B)
(1) A person is allowed to act in self-defense, defense of another, or defense of that person's residence. If, at the trial of a person who is accused of an offense that involved the person's use of force against another, there is evidence presented that tends to support that the accused person used the force in self-defense, defense of another, or defense of that person's residence, the prosecution must prove beyond a reasonable doubt that the accused person did not use the force in self-defense, defense of another, or defense of that person's residence, as the case may be.
http://codes.ohio.gov/orc/2901.05" onclick="window.open(this.href);return false;
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