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Editorial: SB308 Will Protect Ohio's Right To Self-Defense
Submitted by cbaus on Mon, 04/24/2006 - 11:08.By Senator Larry A. Mumper
Everyday, communities all across the country are touched by the damaging
effects of violent crime. In fact, according to the Federal Bureau of
Investigation, there were more than 1.3 million violent crimes—murder,
forcible rape, aggravated assault or robbery—nationwide in 2004. Of
these crimes, nearly 22 percent involved a weapon. Fortunately, over the
last decade, the overall crime rate has been on a steady decline, yet,
every year, thousands of Ohioans find themselves the targets of a
violent attack. In such a situation, it is only natural that a person
would take every measure possible to protect themselves, their families,
and their home from these vicious criminals.
While Ohio law recognizes a victim’s right to self-defense, the current
law places the civil and criminal burden on the victim to prove in court
that they were truly acting to defend themselves. That is why I recently
co-sponsored Senate Bill 308, legislation modeled after Florida’s
“Castle Doctrine” that would make much-needed reforms to Ohio’s
self-defense laws. Introduced March 30 by Senator Lynn Wachtmann, the
bill would establish the presumption that a criminal who forcibly enters
or intrudes into a person’s home, business, or occupied vehicle is there
to cause death or great bodily harm, and therefore gives the victim the
right to use any manner of force, including deadly force, against the
perpetrator. SB 308 also referred to as “Stand-Your-Ground” or “No
Retreat” legislation, gives victims the power to protect themselves
without having to defend their actions in front of a jury.
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