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, Esq. 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.

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