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