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  1. #11

    Default Re: Use of Non-Physical Forms of Self Defense in Response to Non-Physical Threats

    Quote Quoting RJR
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    Here is some info on the AD of "Justification".

    http://edge.sagepub.com/sites/default/files/OH_08.pdf
    Thanks -- so if I'm reading this correctly I can just say something like, 'the act was justified under the circumstances'? That is, I can just say 'it was justified' or reasonsable due to XYZ and these factors made the action involuntary, negating mens rea and causation elements of the offense? A generic 'not guilty due to justification'?

    It looks like the defendant is not constrained to the limited defenses of 'duress,' and 'self-defense' which always seem to refer to imminent BODILY injury, rather than a threat to liberty. But the Ohio Constitution says that we have the right to defend our liberty, so I should be able to use force/threat to defend against threats to liberty (e.g., kidnapping).

    Looking at some case law precedents, it seems Ohio has a definition of affirmative defense as ANY 'justification or excuse' --

    In a description of the case below, note they make a up a non-conventional defense of 'blackout' which they say meets the definition of an affirmative defense since it justifies or excuses the conduct --

    "Writing the Court’s lead opinion, Justice Patrick F. Fischer stated that under Ohio law, the defense of a blackout meets the definition of an “affirmative defense” in R.C. 2901.05(D)(1)(b). Justice Fischer also concluded that requiring Ireland to prove the blackout defense by a preponderance of the evidence did not violate Ireland’s constitutional rights. "http://www.courtnewsohio.gov/cases/2...p#.W_tqhehKjIU


    And the Text of R.C. 2901.05(D)(1)(b) --

    http://codes.ohio.gov/orc/2901.05

    "(D) As used in this section:

    (1) An "affirmative defense" is either of the following:

    (a) A defense expressly designated as affirmative;

    (b) A defense involving an excuse or justification peculiarly within the knowledge of the accused, on which the accused can fairly be required to adduce supporting evidence."

  2. #12
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    Default Re: Use of Non-Physical Forms of Self Defense in Response to Non-Physical Threats

    You can assert any defense you wish. An AD is one which would tend to excuse the behavior as to produce a very possible aquittal.

    There are other Defenses one can assert, whether or not the court will recognize them, "mistake of fact", "mistake of law", "Choice between 2 evils", "necessity", "Alibi". Although not technically defenses, Renunciation and Withdrawal.

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