OH OJI-CR 421.23 Self-defense/Defense of another—tests for reasonableness.

OH OJI-CR 421.23 Self-defense/Defense of another—tests for reasonableness.

State: Ohio

OJI-CR 421.23  Self-defense/Defense of another—tests for reasonableness.

1. WORDS.  Words alone do not justify the use of (deadly force) (force).  Resort to such force is not justified by abusive language, verbal threats, or other words, no matter how provocative.

2. TESTS FOR REASONABLENESS.

(A) SELF DEFENSE.  In deciding whether the defendant had reasonable grounds to believe and an honest belief that he/she was in (imminent) (immediate) danger of (death or great bodily harm) (bodily harm), you must put yourself in the position of the defendant, with his/her characteristics, his/her knowledge or lack of knowledge, and under the circumstances and conditions that surrounded him/her at the time.  You must consider the conduct of (insert name of assailant) and decide whether his/her acts and words caused the defendant reasonably and honestly to believe that he/she was about to (be killed or receive great bodily harm) (receive bodily harm).

(B) DEFENSE OF ANOTHER.  In deciding whether the defendant had reasonable grounds to believe and an honest belief that (name of person defended) was in (imminent) (immediate) danger of (death or great bodily harm) (bodily harm), you must put yourself in the position of the defendant, with his/her characteristics, his/her knowledge of lack of knowledge, and under the circumstances and conditions that surrounded him/her at the time.  You must consider the conduct of (insert name of assailant) and decide whether his/her acts and words caused the defendant reasonably and honestly to believe that (name of person defended) was about to (be killed or receive great bodily harm) (receive bodily harm).

3. EXCESSIVE FORCE.  If the defendant used more force than reasonably necessary and if the force used is greatly disproportionate to the apparent danger, then the defense of (self-defense) (defense of another) is not available.

By | 2015-01-20T16:15:12+00:00 October 1st, 2013|Comments Off on OH OJI-CR 421.23 Self-defense/Defense of another—tests for reasonableness.