Kyle M. said:
Being that ohio has the castle doctrine, if I shoot someone in self defense in my home I am very unlikely to see the inside of a court room, as you are automatically presumed to be innocent....
I'm sorry, but that's not exactly right. I'm afraid that you don't understand Castle Doctrine law. It's not that easy. While a Castle Doctrine law is very nice, it is not a "get out of jail free" card, nor is it a license to shoot.
Every Castle Doctrine law sets out various requirements and conditions that must be satisfied before one can be protected under that law. If there's any disagreement about whether or not those requirements or conditions have been satisfied, you will be in court trying to establish that your use of force was justified.
[1] The Ohio Castle Doctrine law provides (RS2901.05(B)(1), emphasis added):
...Subject to division (B)(2) of this section, a person is presumed to have acted in self defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force....
[2] A presumption is a rule that affects evidence and burden of proof in court. Ordinarily, one who asserts something in court will have the burden of proving, by presenting good evidence, that certain facts supporting that assertion are true. But sometimes the law might allow one of those facts to be accepted as true without specific evidence of that fact if the party with the burden of proof shows that certain other facts are true. So the party might be entitled under a rule of law to have fact A presumed to be true if facts B, C, and D are shown to be true, even if the party produces no direct evidence that fact A is true.
[3] So in order to take advantage of the presumption of self defense provided for in Ohio law, one must still show that the person he used force against either (1) was in the process of unlawfully entering; or (2) had unlawfully entered the home or vehicle of the person claiming self defense.
[4] In addition, there are times when that presumption won't be available (RS2901.05(B)(2)):
...(2)(a) The presumption set forth in division (B)(1) of this section does not apply if the person against whom the defensive force is used has a right to be in, or is a lawful resident of, the residence or vehicle.
(b) The presumption set forth in division (B)(1) of this section does not apply if the person who uses the defensive force uses it while in a residence or vehicle and the person is unlawfully, and without privilege to be, in that residence or vehicle....
[5] In addition, in the law any presumption is rebuttable. So notwithstanding a presumption of self defense under Ohio law, a prosecutor, if he thinks he has a case, could try to overcome that presumption. In fact, Ohio law expressly provides that the presumption under its Castle Doctrine is rebuttable (RS2901.05(B)(3)):
...(3) The presumption set forth in division (B)(1) of this section is a rebuttable presumption and may be rebutted by a preponderance of the evidence....
[6] Furthermore, understand that under Ohio law if you are claiming self defense, it will be your burden to establish that (RS2901.05(A)):
(A) ....The burden of going forward with the evidence of an affirmative defense, and the burden of proof, by a preponderance of the evidence, for an affirmative defense, is upon the accused...
Self defense is an affirmative defense.