OH OJI-CR 421.19 Self defense against danger of death or great bodily harm.

Ohio Jury Instructions
II Criminal Instructions
Title 4 General Criminal Trial Instructions
Chapter CR 421 DEFENSES

CR 421.19 Self defense against danger of death or great bodily harm [Rev. 9/12/20]

1. GENERAL. OJI-CR 417.27.

2. SELF DEFENSE. The defendant claims to have acted in self defense. To establish a claim of self defense, 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 death or injury occurred); and

(B) he/she had reasonable grounds to believe and an honest belief, even if mistaken, that he/she was in (imminent) (immediate) danger of death or great bodily harm, and that his/her only reasonable means of (retreat) (escape) (withdrawal) from such danger was by the use of deadly force; and

3. DUTY TO RETREAT. The defendant had a duty to retreat if he/she
(Use appropriate alternative[s])

(A) was at fault in creating the situation giving rise to the (describe the event in which death or injury occurred).
(or)

(B) did not have reasonable grounds to believe and an honest belief that he/she was in (imminent) (immediate) danger of death or great bodily harm or that he/she had a reasonable means of escape from that danger other than by the use of deadly force.

4. NO DUTY TO RETREAT.

(A) GENERAL The defendant no longer had a duty to retreat if

(1) he/she ([retreated] [escaped] [withdrew] from the situation) (reasonably indicated his/her intention to [retreat] [escape] [withdraw] from the situation and no longer participate in it); and

(2) he/she then had reasonable grounds to believe and an honest belief that he/she was in (imminent) (immediate) danger of death or great bodily harm; and

(3) the only reasonable means of escape from that danger was by the use of deadly force, even though he/she was mistaken as to the existence of that danger.

(B) DEFENSE OF BUSINESS. If the defendant was assaulted in his/her (home) (business), or if the (home) (business) was attacked, the defendant had no duty to (retreat) (escape) (withdraw) and could use such means as are necessary to repel the assailant from the (home) (business), or to prevent any forcible entry to the (home) (business), even deadly force, provided that he/she had reasonable grounds to believe and an honest belief that the use of deadly force was necessary to repel the assailant or to prevent the forcible entry.

(C) DEFENSE OF HOME (offenses committed before 9/9/08). If the defendant was assaulted in his/her home, or if the home was attacked, the defendant had no duty to (retreat) (escape) (withdraw) and could use such means as were necessary to repel the assailant from the home, or to prevent any forcible entry to the home, even deadly force, provided that he/she had reasonable grounds to believe and an honest belief that the use of deadly force was necessary to repel the assailant or to prevent the forcible entry.

(D) DEFENSE OF RESIDENCE OR VEHICLE (offenses committed on and after 9/9/08). A person who lawfully is in his/her residence has no duty to retreat before using force in (self defense) (defense of another) (defense of his/her residence), and a person who (lawfully is an occupant of his/her vehicle) (lawfully is an occupant in a vehicle owned by his/her immediate family member) has no duty to retreat before using force in (self defense) (defense of another).

5. 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 deadly force only if

(A) (insert name of person defended) was not at fault in creating the situation giving rise to (describe the event in which death or injury occurred) and had no duty to (retreat) (escape) (withdraw), and

(B) the defendant had reasonable grounds to believe and an honest belief, even if mistaken, that (insert name of person defended) was in (imminent) (immediate) danger of death or great bodily harm and that the only means of protecting him/her was by the use of deadly force.

6. RESIDENCE. Residence means a dwelling in which a person resides either temporarily or permanently or is visiting as a guest.

7. DWELLING. Dwelling means a (building) (specify conveyance) of any kind that has a roof over it and that is designed to be occupied by people lodging in the (building) (specify conveyance) at night, regardless of whether the (building) (specify conveyance) is temporary or permanent or is mobile or immobile. (A [building] [specify conveyance] includes, but is not limited to, an attached porch, and a [building] [specify conveyance] with a roof over it includes, but is not limited to, a tent.)

8. VEHICLE. Vehicle means a conveyance of any kind, whether or not motorized, that is designed to transport people or property.

9. IMMEDIATE FAMILY. Immediate family means a person’s spouse residing in the person’s household, brothers and sisters of the whole or the half blood, and children, including adopted children.

10. BATTERED WOMAN/CHILD SYNDROME. The expert evidence about the (abuse) (battering) of the defendant by the (deceased) (injured person) does not in itself establish self defense. You may consider that evidence in deciding whether the defendant was at fault and whether he/she had reasonable grounds to believe and an honest belief that he/she was in (imminent) (immediate) danger of death or great bodily harm and that the only reasonable means of escape from such danger was by the use of deadly force. In that event, the defendant had no duty to (retreat) (escape) (withdraw), even though he/she was mistaken as to the existence of that danger.

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

12. TEST 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, 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 victim) 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.

(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, 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 victim) and decide whether his/her acts and words caused the defendant reasonably and honestly to believe that (insert name of person defended) was about to be killed or receive great bodily harm.

13. EXCESSIVE FORCE (ADDITIONAL). A person is allowed to use force that is reasonably necessary under the circumstances to protect himself/herself from an apparent danger. 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.

[230605]