That Odd Duck, Ohio: Self-Defense as an Affirmative Defense (Kind Of)

Hey folks,

Of the 50 states in the US, 49 of them require the State to disprove a defendant’s claim of self-defense, beyond a reasonable doubt. Ohio, on the other hand, requires that the defendant prove self-defense by a preponderance of the evidence. Why is Ohio such an odd duck in its allocation of the burden of proof for self-defense? To understand this curiosity it is necessary to cover a little history and to really understand what is meant by the phrase “burden of proof.”

To see my usual lengthy discussion of the matter, take a look at my post over at Legal Insurrection:

That Odd Duck, Ohio: Self-Defense as an Affirmative Defense (Kind Of)

–Andrew, @LawSelfDefense


LOSD2 SEMINAR/WEBINAR ALERT

Andrew is currently in the process of planning his Fall 2013 Seminar Tours. The “Northern Tour” will run from Boston out to Ohio–two seminars, one in Columbus and the other in the Dayton/Cincinnati area are already filling up. The “Southern Tour” will run rom Boston, down the East coast, and then west to East Texas. For more information, and how to register, see Law of Self Defense Seminars/Webinars.

We are also launching a series of webinars, essentially identical to the seminars, but accessible over the internet. Anyone interested in hosting or attending a seminar anywhere along that route, or participating in a webinar, please see Law of Self Defense Seminars/Webinars to get more information.

Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

About the Author

Andrew Branca
Andrew F. Branca is a lawyer and the author of the seminal book “The Law of Self Defense, 3rd Edition,” available at the Law of Self Defense website (autographed copies available) and Amazon.com (paperback and Kindle), and many other re-sellers. Andrew is currently in his third decade of practicing law, and is an internationally-recognized expert on the law of self-defense of the United States. Andrew is a Guest Lecturer at the Federal Bureau of Investigation’s National Academy, a former Guest Instructor at the Sig Sauer Academy, an NRA Life-Benefactor Member, and an NRA Certified Instructor. He also teaches lawyers how to argue self-defense cases as a certified instructor with the Continuing Legal Education (CLE) system in numerous states around the country. Andrew is also a host on the Outdoor Channel’s TV show “The Best Defense” and contributor to the National Review Online. Andrew has been quoted as a SME (subject-matter expert) on use-of-force law by the Wall Street Journal, the Chicago Tribune, the Washington Post, and many other mainstream media, including nationally syndicated broadcast media. Recently, Andrew won the UC Berkeley Law School debate on “Stand-Your-Ground,” and spoke at the NRA Annual Meeting Law Symposium on self-defense law. He is also a founding member of USCCA’s Legal Advisory Board. In addition to being a lawyer, Andrew is also a competitive handgun shooter, an IDPA Charter/Life member (IDPA #13), and a Master-class competitor in multiple IDPA divisions. Andrew just launched the LOSD Instructor Program, designed for gun safety, marksmanship and tactical strategy instructors. Be an elite member of the self defense community, understanding your state's self defense laws to a depth even lawyers rarely achieve. Check it out here.   Andrew also gives live, in-person, ~5 hour-long state-specific Law of Self Defense Seminars all over the country. Click here to find a live seminar covering your state's self-defense laws.   Andrew also produces many 4-5 hour online, on-demand state-specific Law of Self Defense training courses. These online classes are enriched versions of the live, in-person state-specific Law of Self Defense Class Andrew gives all around the country. Click here to find an online course for your state. These online classes are priced at $249/HOUSEHOLD. You can learn more details and view the first section of the training class for free (about 30 minutes worth of self-defense law training) by clicking here.

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