Ohio

Editorial Urges Kasich Veto of Ohio HB 228

At the core of the original bill, to underscore its stand-your-ground set of rights, was a provision upending the longstanding legal requirement in every state of the union that someone claiming they shot in self-defense show by a preponderance of the evidence that they were justified in believing that. 

Instead, it shifted -- and in the amended substitute bill headed to Kasich, still shifts -- the burden of proof to prosecutors in Ohio to show by a higher legal standard, beyond a reasonable doubt, that it was not self-defense.

As prosecutors around the state have pointed out, that's an almost impossible burden when the only other witness may be lying dead. No other state has such a requirement. That was enough for Republican state Sen. John Eklund, who, like LaTourette, is from Geauga County, to break ranks and vote against this bill

If Kasich signs this bill into law -- which he should not do -- it will effectively become the presumption in Ohio that anytime someone shoots another person dead or grievously wounds them, that they were acting in self-defense.