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Stand Your Ground
Self-defense is a common-law defense that has undergone significant statutory changes in recent years. In 2008, the General Assembly codified the common-law Castle Doctrine and expanded it in an important respect, while also creating a presumption of self-defense in certain circumstances. In 2019, the General Assembly changed the burden of persuasion, requiring that the State disprove self-defense beyond a reasonable doubt. Now in 2021, the General Assembly has eliminated the duty to retreat in deadly-force cases in “stand your ground” legislation.
This presentation will begin by addressing the common-law elements of self-defense and then will address where things stand now in light of the 2008, 2019, and 2021 statutory changes. Areas to be discussed will also include whether the 2019 and 2021 changes apply to crimes committed before their effective date and whether self-defense now can be raised as a basis to grant a Crim.R. 29 motion.
1. Overview
2. Self-defense & its elements
3. Compare defense of another
4. Deadly force versus non-deadly force
5. Differences between claims of self-defense and claims of accident or provocation/”fit of rage”
6. Castle doctrine at common law
7. Castle doctrine under 2008 legislation & presumption of self-defense
8. Burden of persuasion over the years and now in light of 2019 burden-shift legislation
9. “Stand Your Ground” 2021 legislation
10. Conclusion
In 1983, Steven L. Taylor received a B.A. degree in History from the University of Michigan. In 1986, he received a J.D. degree from the Ohio State University. He is a former law clerk for the Ohio Court of Appeals, Tenth Appellate District, and for Chief Justice Thomas J. Moyer of the Ohio Supreme Court.
Steve served for many years as an Assistant Prosecuting Attorney and then as Chief Counsel of the Appellate Division of the Franklin County Prosecutor’s Office. Since 2009, he has served as the editor of the monthly Ohio Prosecuting Attorneys Association Case Digest and is now the Legal Research and Staff Counsel for the Association.
