Ohio Jury Instruction — Escape is a set of guidelines provided to the jury in an Ohio court case regarding the offense of escape from lawful custody. These instructions outline the legal requirements, elements, and standards that the jury must consider when determining guilt or innocence in escape cases. In Ohio, there are different types of escape offenses, each with its own specific jury instructions. Some common types include: 1. Escape from a detention facility: This type of escape involves the unlawful departure or attempt to leave a detention facility, such as a jail, prison, or correctional institution. The jury instruction for escape from a detention facility provides guidelines for the jury on how to evaluate evidence, witness testimonies, and the elements necessary to establish guilt beyond a reasonable doubt. 2. Escape from arrest or custody: This offense involves the act of fleeing or attempting to evade arrest or custody by a law enforcement officer. The jury instruction for escape from arrest or custody focuses on the necessary components to prove this offense, such as the presence of a custodial relationship, the intent to escape, and the evasive actions taken. 3. Escape from a community-based correctional facility: This type of escape pertains to leaving or attempting to leave a community-based correctional facility without lawful authority. The jury instruction for escape from a community-based correctional facility instructs the jury on the specific elements and factors to consider when determining guilt or innocence in such cases. 4. Escape from a mental health facility: If an individual unlawfully departs or attempts to depart a mental health facility, such as a hospital or psychiatric institution, they may be charged with escape. The jury instruction relevant to escape from a mental health facility guides the jury through the unique factors and considerations associated with this offense, including the mental state of the accused and any applicable defenses. Regardless of the specific type of escape offense, Ohio jury instructions emphasize the importance of evaluating evidence, assessing the credibility of witnesses, and understanding the relevant legal principles. These instructions aim to ensure a fair and impartial trial by providing jurors with comprehensive guidance on how to effectively navigate escape cases within the boundaries of the law.
Ohio Jury Instruction - Escape
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Let's start with kidnapping. Under ORC § 2905.01, you cannot use force, threat or deception to remove someone or restrain someone's liberty for a few specific purposes. Notably, kidnapping doesn't just mean taking someone away, but it can also arise if you force someone to stay where they are.
(C) Challenge for cause. A person called as a juror may be challenged for the following causes: (1) That the juror has been convicted of a crime which by law renders the juror disqualified to serve on a jury. (2) That the juror is a chronic alcoholic, or drug dependent person.
(3) If the offender violates division (A)(3) of this section, except as otherwise provided in this division, escape is a felony of the fifth degree.
: to depart from lawful custody with the intent of avoiding confinement or the administration of justice.
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
(A)(1) No person, knowing the person is under detention, other than supervised release detention, or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at ...
Section 2911.13 | Breaking and entering. (A) No person by force, stealth, or deception, shall trespass in an unoccupied structure, with purpose to commit therein any theft offense, as defined in section 2913.01 of the Revised Code, or any felony.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.