OH OJI-CR 421.21. Self-defense against danger of bodily harm.

OH OJI-CR 421.21. Self-defense against danger of bodily harm.

State: Ohio

OJI-CR 421.21.  Self-defense against danger of bodily harm.

 1. GENERAL. OJI-CR 417.27

 2. SELF-DEFENSE.  The defendant claims to have acted in self-defense.  To establish that he/she was justified in using force not likely to cause death or great bodily harm, the defendant must prove by the greater weight of the evidence that

 (A) he/she was not at fault in creating the situation giving rise to (describe the event in which the use of non-deadly force occurred); and

 (B) he/she had reasonable ground to believe and an honest belief, even if mistaken, that he/she was in (imminent) (immediate) danger of bodily harm.

3. DEFENSE OF ANOTHER.  The defendant claims to have acted in defense of (insert name of person defended).  The defendant had no greater rights than (insert name of person defended) and was justified in using force not likely to cause death or great bodily harm only if:

(A) (insert name of person defended) was not at fault in creating the situation giving rise to (describe the event in which the use of non-deadly force occurred); and

(B) the defendant had reasonable grounds to believe and on honest belief, even if mistaken, that (insert name of person defended) was in (imminent) (immediate) danger of bodily harm.

4. SELF-DEFENSE/DEFENSE OF ANOTHER—TESTS FOR REASONABLENESS.  OJI-CR 421.23.

By | 2015-01-20T16:14:52+00:00 October 1st, 2013|Comments Off on OH OJI-CR 421.21. Self-defense against danger of bodily harm.