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Stand Your Ground (35 States) vs. Duty to Retreat (15 States). Ohio flips. E. Volokh at The Volokh Conspiracy

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,953
Location
here nc
The illustrious mr volokh's current posted article keeps referencing "...if the jury..."

Forgive me but...unless a politically & newsworthy, as well as a publically contentious self defence situation manifested, the citizen would not be going to trial whatsoever as the LE investigation(s) would have rendered the shooting self defence which the "person of reasonable firmness" [read aka the prosecutor] blesses the investigation and officially adjudicates the shooting event as self-defence!

soooo...the newsworthiness of the article was...what?
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,516
Location
Cincinnati, Ohio, USA
The asinine Governor DeWine is threatening to veto. Who cares?

United States Supreme Court case of Beard v. United States, 158 U.S. 550, 562, 15 S. Ct. 962, 966, 39 L. Ed. 1086 (1895)

Supreme Court Justice, John Marshall Harlan, in Beard stated that:

“The defendant was where he had the right to be, when the deceased advanced upon him in a threatening manner, and with a deadly weapon; and if the accused did not provoke the assault and had at the time reasonable grounds to believe and in good faith believed, that the deceased intended to take his life or do him great bodily harm, he was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground and meet any attack made upon him with a deadly weapon, in such way and with such force as, under all the circumstances, he, at the moment, honestly believed, and had reasonable grounds to believe, was necessary to save his own life or to protect himself from great bodily injury.” (my emphasis)

Has never been overturned.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
1,266
Location
Kentucky
I personally like Kys take on SD.
No duty to retreat. No arrest or detainment unless there is clear compelling evidence at the scene that the shoot wasnt self defense.

And it is the states burden to prove it wasnt self defence. The defender has to prove nothing.
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
778
Location
Fayetteville NC
Per Ohio Gun Owners email this afternoon, the Ohio Senate president, Larry Obhof, has so far refused to send the bill to the governor. Obhof is being considered for a judgeship and does not want the governor to be on record as anti-gun going into the midterm election season.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,516
Location
Cincinnati, Ohio, USA
Per Ohio Gun Owners email this afternoon, the Ohio Senate president, Larry Obhof, has so far refused to send the bill to the governor. Obhof is being considered for a judgeship and does not want the governor to be on record as anti-gun going into the midterm election season.
That's what is going on.
 

JTHunter2

Regular Member
Joined
Jul 11, 2017
Messages
344
Location
Planet Earth
Per Ohio Gun Owners email this afternoon, the Ohio Senate president, Larry Obhof, has so far refused to send the bill to the governor. Obhof is being considered for a judgeship and does not want the governor to be on record as anti-gun going into the midterm election season.

Sorry to hear about those shenanigans.
Good luck in getting that passed.
 
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