Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 161.190

Justification as a defense

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      161.190 Justification as a defense. In any prosecution for an offense, justification, as defined in ORS 161.195 to 161.275, is a defense. [1971 c.743 §18]

Notes of Decisions
Cited in 19 cases (4 in the last 5 years), 1973–2025 · leading case: State v. Mayo
Sort: Relevance Newest Treatment
State v. Mayo (2020) orctapp “455 (requiring a defendant to provide notice to the state that the defendant “proposes to rely in any way on alibi evidence” to prove that “the defendant in a criminal action was, at the time of com- mission of the alleged offense, at a place other than the place where such…”
State v. Stone (2023) orctapp “” See ORS 161.190 (“In any prosecution for an offense, justification, as defined in ORS 161.”
State v. Fell (2002) arizctapp “320 (LexisNexis 2002); Or.Rev.Stat. §§ 161.190, 161.200 (2001). ¶ 13 Unlike other states, Arizona has no common law defense of necessity.”
State v. Oliphant (2009) or “ORS 161.190. That means that, once self-defense has been raised by a defendant, the state has the burden of disproving it *191 beyond a reasonable doubt.”
Brown v. Roach (2012) orctapp “”); ORS 161.190. Thus, contrary to petitioner’s claim, respondent had a reason — indeed, a legal right — to use reasonable force to respond to the removal of her fence.”
State v. Mickels (2024) orctapp · cites it 2× “ORS 161.190 provides that justification defenses “as defined in ORS 161.”
State v. Christian (2012) orctapp · cites it 2× “" Defining that term is crucial, because consciously disregarding a justifiable risk is not reckless and is therefore not prohibited by the ordinance.”
State v. Yen Lin Wan (2012) orctapp “ORS 161.190. “[A] person is justified in using physical force *81 upon another person for self-defense *** from what the person reasonably believes to be the use or imminent use of unlawful physical force[.”
State v. McCoy (1974) orctapp · cites it 2× “For example, ORS 161.190 provides: "In any prosecution for an offense, justification, as defined in ORS 161.”
State v. Lockwood (1979) orctapp “This evidence supports the defendant’s theory that he reasonably believed that some show of force was necessary to defend against the imminent use of unlawful physical force.”
State v. Olson (1986) orctapp “055(1); ORS 161.190. Defendant’s evidence was sufficient to support the choice of evils defense and to require the prosecution to rebut it.”
State v. Webber (1987) orctapp “055(1); *352 ORS 161.190; State v. Olson, supra, 79 Or at 305.”
Show all 19 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.