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Ohio Revised Code Search

Misdemeanor Crimes
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Section 2945.23 | When peremptory challenges required.

...Except by agreement, neither the state nor the defendant shall be required to exercise any peremptory challenge until twelve jurors have been passed for cause and are in the panel.

Section 2945.24 | Jury trial.

...In all criminal cases, a jury summoned and impaneled under Chapter 2313. of the Revised Code shall try the accused.

Section 2945.25 | Challenges for cause.

...A person called as a juror in a criminal case may be challenged for the following causes: (A) That the person was a member of the grand jury that found the indictment in the case; (B) That the person is possessed of a state of mind evincing enmity or bias toward the defendant or the state; but no person summoned as a juror shall be disqualified by reason of a previously formed or expressed opinion with reference ...

Section 2945.26 | Challenge for cause.

...Challenges for cause shall be tried by the court on the oath of the person challenged, or other evidence, and shall be made before the jury is sworn.

Section 2945.27 | Challenges for cause to be made before jury sworn.

...The judge of the trial court shall examine the prospective jurors under oath or upon affirmation as to their qualifications to serve as fair and impartial jurors, but he shall permit reasonable examination of such jurors by the prosecuting attorney and by the defendant or his counsel.

Section 2945.28 | Form of oath to jury.

...(A) In criminal cases jurors and the jury shall take the following oath to be administered by the trial court or the clerk of the court of common pleas, and the jurors shall respond to the oath "I do swear" or "I do affirm": "Do you swear or affirm that you will diligently inquire into and carefully deliberate all matters between the State of Ohio and the defendant (giving the defendant's name)? Do you swear or affir...

Section 2945.29 | Jurors becoming unable to perform duties.

...If, before the conclusion of the trial, a juror becomes sick, or for other reason is unable to perform his duty, the court may order him to be discharged. In that case, if alternate jurors have been selected, one of them shall be designated to take the place of the juror so discharged. If, after all alternate jurors have been made regular jurors, a juror becomes too incapacitated to perform his duty, and has been di...

Section 2945.30 | Medical attendance of juror.

...In case of sickness of any juror before the conclusion of the trial, the court may order that such juror receive medical attendance and shall order the payment of a reasonable charge for such medical attendance out of the judiciary fund.

Section 2945.31 | Separation of jurors.

...After the trial has commenced, before or after the jury is sworn, the court may order the jurors to be kept in charge of proper officers, or they may be permitted to separate during the trial. If the jurors are kept in charge of officers of the court, proper arrangements shall be made for their care, maintenance, and comfort, under the orders and direction of the court. In case of necessity the court may permit tempo...

Section 2945.32 | Oath to officers if jury sequestered.

...When an order has been entered by the court of common pleas in any criminal cause, directing the jurors to be kept in charge of the officers of the court, the following oath shall be administered by the clerk of the court of common pleas to said officers: "You do solemnly swear that you will, to the best of your ability, keep the persons sworn as jurors on this trial, from separating from each other; that you will no...

Section 2945.33 | Supervision of jury after case submitted to them.

.... Upon the trial of any prosecution for misdemeanor, the court may permit the jury to separate during their deliberation, or upon adjournment of the court overnight. In cases where the offense charged may be punished by death, after the case is finally submitted to the jury, the jurors shall be kept in charge of the proper officer and proper arrangements for their care and maintenance shall be made as under section ...

Section 2945.34 | Admonition if jurors separate during trial.

...If the jurors are permitted to separate during a trial, they shall be admonished by the court not to converse with, nor permit themselves to be addressed by any person, nor to listen to any conversation on the subject of the trial, nor form or express any opinion thereon, until the case is finally submitted to them.

Section 2945.35 | Papers the jury may take.

...Upon retiring for deliberation, the jury, at the discretion of the court, may take with it all papers except depositions, and all articles, photographs, and maps which have been offered in evidence. No article or paper identified but not admitted in evidence shall be taken by the jury upon its retirement.

Section 2945.36 | For what cause jury may be discharged.

...The trial court may discharge a jury without prejudice to the prosecution: (A) For the sickness or corruption of a juror or other accident or calamity; (B) Because there is no probability of such jurors agreeing; (C) If it appears after the jury has been sworn that one of the jurors is a witness in the case; (D) By the consent of the prosecuting attorney and the defendant. The reason for such discharge shall be ...

Section 2945.37 | Competency to stand trial definitions - hearing.

...(A) As used in sections 2945.37 to 2945.402 of the Revised Code: (1) "Prosecutor" means a prosecuting attorney or a city director of law, village solicitor, or similar chief legal officer of a municipal corporation who has authority to prosecute a criminal case that is before the court or the criminal case in which a defendant in a criminal case has been found incompetent to stand trial or not guilty by reason of ...

Section 2945.371 | Evaluations and reports of the defendant's mental condition.

...(A) If the issue of a defendant's competence to stand trial is raised or if a defendant enters a plea of not guilty by reason of insanity, the court may order one or more evaluations of the defendant's present mental condition or, in the case of a plea of not guilty by reason of insanity, of the defendant's mental condition at the time of the offense charged. An examiner shall conduct the evaluation and the evaluatio...

Section 2945.39 | Expiration of the maximum time for treatment for incompetency.

...(A) If a defendant who is charged with an offense described in division (C)(1) of section 2945.38 of the Revised Code is found incompetent to stand trial, after the expiration of the maximum time for treatment as specified in division (C) of that section or after the court finds that there is not a substantial probability that the defendant will become competent to stand trial even if the defendant is provided with a...

Section 2945.391 | Not guilty by reason of insanity finding.

...For purposes of sections 2945.371, 2945.40, 2945.401, and 2945.402 and Chapters 5122. and 5123. of the Revised Code, a person is "not guilty by reason of insanity" relative to a charge of an offense only as described in division (A)(14) of section 2901.01 of the Revised Code. Proof that a person's reason, at the time of the commission of an offense, was so impaired that the person did not have the ability to refrain ...

Section 2945.392 | Expert testimony of the battered woman syndrome.

...(A) The declarations set forth in division (A) of section 2901.06 of the Revised Code apply in relation to this section. (B) If a defendant is charged with an offense involving the use of force against another and the defendant enters a plea to the charge of not guilty by reason of insanity, the defendant may introduce expert testimony of the "battered woman syndrome" and expert testimony that the defendant suffered...

Section 2945.40 | Acquittal by reason of insanity.

...(A) If a person is found not guilty by reason of insanity, the verdict shall state that finding, and the trial court shall conduct a full hearing to determine whether the person is a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order. Prior to the hearing, if the trial judge believes that there is probable cause that the perso...

Section 2945.401 | Incompetency finding or insanity acquittal continuing jurisdiction of court.

...(A) A defendant found incompetent to stand trial and committed pursuant to section 2945.39 of the Revised Code or a person found not guilty by reason of insanity and committed pursuant to section 2945.40 of the Revised Code shall remain subject to the jurisdiction of the trial court pursuant to that commitment, and to the provisions of this section, until the final termination of the commitment as described in divisi...

Section 2945.402 | Conditional release.

...(A) In approving a conditional release, the trial court may set any conditions on the release with respect to the treatment, evaluation, counseling, or control of the defendant or person that the court considers necessary to protect the public safety and the welfare of the defendant or person. The trial court may revoke a defendant's or person's conditional release and order reinstatement of the previous placem...

Section 2945.41 | Rules applicable in criminal cases.

...The rules of evidence in civil causes, where applicable, govern in all criminal causes.

Section 2945.42 | Competency of witnesses.

...No person is disqualified as a witness in a criminal prosecution by reason of the person's interest in the prosecution as a party or otherwise or by reason of the person's conviction of crime. Husband and wife are competent witnesses to testify in behalf of each other in all criminal prosecutions and to testify against each other in all actions, prosecutions, and proceedings for personal injury of either by the other...

Section 2945.43 | Defendant may testify.

...On the trial of a criminal cause, a person charged with an offense may, at his own request, be a witness, but not otherwise. The failure of such person to testify may be considered by the court and jury and may be made the subject of comment by counsel.