Ohio Legislature Strengthens Self-Defense “Castle Doctrine”

First years usually learn about the “castle doctrine” in their first year criminal law class. Black’s Law Dictionary, 8th ed., defines the doctrine as follows:

An exception to the retreat rule allowing the use of deadly force by a person who is protecting his or her home and its inhabitants from attack, esp. from a trespasser who intends to commit a felony or inflict serious bodily harm.

The law in Ohio currently places the burden on the home occupant to prove they were defending themselves from death or serious injury. Under Ohio Senate Bill 184, which will go into effect in 90 days, it will be presumed a person lawfully occupying the home (or vehicle) acted in self defense against someone who unlawfully enters the home (or vehicle). The prosecution may rebut this presumption. The new statute also grants immunity from tort actions to the home or vehicle occupier. Ohio Becomes Latest State with NRA-Backed “Castle Doctrine” Self-Defense Law,Gongwer News Service Ohio, Vol. 77, Report #112, Article #3, June 11, 2008. Also see Ohio Governor Signs ‘Castle Doctrine’ Bill Despite Concerns by Law Enforcement, Toledo Blade, June 11, 2008.