Senate Bill Number 42 was introduced into the Ohio General Assembly on February 1, 1977. The bill provides that while the burden of proof for all elements of the criminal offense with which an individual is charged rests upon the prosecution, the burden of proof for affirmative defenses rests upon the defendant, and he must prove his affirmative defense by a preponderance of the evidence. Because the bill raises serious questions concerning placing the burden of persuasion with respect to affirmative defenses generally, and self-defense in particular, on the defendant, a study of the law and policy involved in shifting the burden to the defendant on these defenses is warranted.
Koenders, Randy R.
"Shifting the Burden of Proving Self-Defense - With Analysis of Related Ohio Law,"
Akron Law Review: Vol. 11:
4, Article 7.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol11/iss4/7