Ohio — Statute

Taking Testimony of Mentally Retarded Person or Developmentally Disabled Person Victim | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio law permits use of videotaped testimony of mentally disabled victims in certain felony trials to improve accessibility and fairness in court proceedings.

Legal Content

Taking Testimony of Mentally Retarded Person or Developmentally Disabled Person Victim

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio law allows for the videotaped preliminary hearing testimony of mentally retarded or developmentally disabled victims of certain felonies to be used as evidence at trial. This provision aims to accommodate victims who may have difficulty testifying in person. The law specifies conditions under which such videotaped testimony can be admitted, including proper recording procedures.

Frequently Asked Questions

Who is considered a mentally retarded or developmentally disabled victim under Ohio law?

A person who has a mental or developmental disability as defined in Ohio Revised Code section 5123.01 and has been a victim of certain felonies or violent offenses.

In what cases can videotaped testimony be used instead of live testimony?

When the victim is a mentally retarded or developmentally disabled person involved in specific felony cases, and the videotape was made during a preliminary hearing following proper procedures.

What are the requirements for the videotaped testimony to be admissible at trial?

The videotape must be made at a preliminary hearing where probable cause was established and in accordance with Ohio law, specifically section 2937.11(C).

Can the victim still testify in person if they choose to?

Yes, the law allows for the use of videotaped testimony but does not prohibit the victim from testifying in person if they are able and willing.

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In simple terms: Ohio law permits use of videotaped testimony of mentally disabled victims in certain felony trials to improve accessibility and fairness in court proceedings.. This means people must follow this rule, and breaking it can lead to criminal penalties.

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