Ohio Criminal Law and Procedure

Question 1

Who may challenge the jury selection process?

Answer 1

All defendants, regardless of any showing of actual bias.

Question 2

What are peremptory challenges?

Answer 2

Peremptory challenges are requests by both parties during the voir dire jury-selection process to disqualify potential jurors without the need to show cause.

Question 3

What limitations are there on peremptory challenges?

Answer 3

Peremptory challenges may not be exercised solely on the basis of race or gender.

Question 4

What must be shown in a Batson Challenge?

Answer 4

(1) The moving party must establish a prima facie case of discrimination. (2) The party who exercised the challenge must provide a race-neutral explanation for the strike. (3) The moving party must prove that the other party’s proffered reason was pretextual and that the strike was indeed motivated by purposeful discrimination.

Question 5

How does a defendant establish a prima facie case of discrimination in jury selection?

Answer 5

A prima facie case for absence of a representative corss-section can be established by showing that (1) the group allegedly excluded is a distinctive group in the community; (2) the group was not fairly represented in the venire from which the jury was chosen; and (3) the underrepresentation resulted from a systematic exclusion of the group in the jury-selection process.

Question 6

How can a prosecutor rebut a prima facie case of discrimination in jury selection?

Answer 6

The prosecution must show that the disproportionate exclusion manifestly and primarily advances a significant governmental interest.

Question 7

What are the elements of burglary?

Answer 7

Burglary occurs when a person by force, stealth, or deception trespasses in (1) an occupied structure, (2) a separately secured or occupied portion of an occupied structure, or (3) a permanent or temporary habitation of another when a person other than an accomplice is present, with the purpose to commit a criminal offense inside.

Question 8

What are the elements of aggravated burglary?

Answer 8

A person commits aggravated burglary if, during the commission of the burglary, the offender inflicts, attempts, or threatens to inflict physical harm on another, or the offender has a deadly weapon on or about his person.

Question 9

What are the elements of assault?

Answer 9

An assault occurs if a person knowingly causes or attempts to cause physical harm to another or another’s unborn child.

Question 10

What are the elements of felonious assault?

Answer 10

A person commits felonious assault if he knowingly causes serious physical harm to anothe ror another’s unborn child, or causes or attempts to cause physical harm to another or another’s umborn child by means of a deadly weapon.

Question 11

What are the elements of aggravated assault?

Answer 11

A person commits aggravated assault if he knowingly commits felonious assault while under the influence of sudden passion, or in a sudden fit of rage brought on by serious provocation by the victim that is reasonaly sufficient to incite a person into using deadly force.

Question 12

What are the elements of negligent assault?

Answer 12

A person commits negligent assault if he negligently causes physical harm to another or another’s unborn child by means of a deadly weapon.

Question 13

What are the elements of robbery?

Answer 13

A person commits robbery if, in attempting or committing a theft offense of fleeing therefrom, a person (1) possesses a deadly weapon on or about his person or under his control; (2) inflicts, attempts to inflict, or threatens to inflict physical harm on another; or (3) uses or threatens the immediate use of force against another.

Question 14

What are the elements of aggravated robbery?

Answer 14

A person commits aggravated robbery if, during the course of a robbery, he displays, brandishes, or indicates that he possesses a deadly weapon, or uses a deadly weapon.

Question 15

What are the elements of aggravated murder?

Answer 15

A person commits aggravated murder if he purposely causes another’s death (1) with prior calculation and design; (2) while committing, attempting to commit, or immedatiely fleeing the commission or attempted commission of the crimes of kidnapping, rape, arson, robbery, burglary, terrorism, or escape; (3) if the victim was under 13 years of age at the time of the killing; (4) while under detention as a result of being found guilty or after enetering a guilty plea to a felony; or (5) if the victim is a law enforcement officer whom the defendant knows or has reasonable cause to know is an officer, and either the victim was engaged in the performance of his duties at the time of the killing or the defendant had the specific purpose to kill the officer.

Question 16

What are the elements of murder?

Answer 16

A person commits murder if (1) he purposely causes another’s death or the unlawful termination of another’s pregnancy, or (2) causes another’s death as a proximate result of committing or attempting to commit a violent first- or second-degree felony as long as the violent act is not elevated to become a first- or second-degree felony solely as a result of a prior conviction.

Question 17

What are the elements of rape?

Answer 17

A person commits rape by engaging in sexual conduct with one who is not the person’s spouse, or is the person’s spouse but they are living separate and apart, when any of the following occurs: (1) to prevent resistance, the person substantially impairs one’s judgment or control by administering any drug, intoxicant, or controlled substance surreptitiously or by force, threat of force, or deception; (2) the victim is less than 13 years old, regardless of whether or not the offender knows the victim’s age; (3) force or threat of force is used; or (4) the victim’s ability to resist or consent is substantially impaired due to a mental or physical condition or advanced age, and the offender knows or has reasonable cause to know of such conditions.

Question 18

What are the elements of kidnapping?

Answer 18

A person commits kidnapping if he, by force, threat, or deception, or in the case of a victim who is under the age of 13 or mentally incompetent, by any means, removes the victim from the place where she is found or restrains the victim’s liberty: (1) to hold for ransom, as a shield, or as a hostage; (2) to facilitate the commission of or flight from any felony; (3) to terrorize or inflict serious physical harm on the victim or another; (4) to engage in sexual activity with the victim against her will; (5) to hinder, impede, or obstruct a function of government or to force any action or concession of governmental authority; or (6) to hold in a condition of involuntary servitude.