What do you think when someone asks you to change a venue in a criminal case in order to help a defendant? What are your thoughts?
In order to persuade this do you think the courts will take this change into consideration?
Nowadays courts are becoming more reluctant to change the venue. When it comes to defendants they can only use one of the venues of change. Changing a venue can bring a huge impact to an entire case if a venue is changed. The law on venue change may vary from state to state within the state and federal court. Based on the matter of the venue in a criminal case the court will have to hear it no matter what the situation is. When it comes to a typical case, the jurisdiction would rest with a state, while the venue would lie in a particular county where the crime had occurred.
Do you believe that there should be changes made within the system laws?
About 25 percent of people from defendants, attorneys and judges try to make a change that will benefit everyone to become equal. The percentile may not be equivalent to the real percentage of the People who are trying to make a difference in this world, but they are trying, and they do believe that a change of venue should be made. Nevertheless courts, governments and all other leaders had made changes in the law, but never enforced the changes to make the world or the people who have been locked up merciful. Prisoners behind closed doors are being treated as slaves and unable to protect themselves while enemies persuade them.
There have been so many unfortunate people who have been accused of a crime that generally had or still does deserve a fair trial by an impartial jury. The saying within the law system is “you are innocent until proven guilty.” Likewise, defendants don't have the right to a fair trial in the county he or she has chosen.
Under these circumstances this makes jurors impartial. In this case the defense attorney will have to move to a different approach to move the trial or move trial to a different location. There are state constitutions that have addressed the right to change the venue, but most states have issues with the statutes and or the court rules. Being said, those laws and rules are explained on how to request a change of venue and may impose deadlines to file the requisite motion.
Knowledge on the grounds for change!
What are the grounds for a change of venue is roughly based on the defendant who can’t retrieve a fair trial. Under Rasmussen reports says about 43% American's believe that the Justice System has treated trial cases unfairly. For more information visit:(https://www.rasmussenreports.com/public_content/archive/mood_of_america_archive/supreme_court_ratings/43_say_u_s_justice_system_unfair_to_most_americans)
With this likelihood it is usually brought upon a “Pretrial publicity” or it will have to deal with another event to make an impossible find on an impartial jury.
Reasons for a change of venue:
Judge who is prejudiced against the defendant, and
In capital case, a jury pool that's predisposed for or against the death penalty.
Should jurors have the education in law in order to participate in such an important rule of ordering a defendant judgment?
What is a Pretrial Publicity?
Pretrial Publicity is the right for a criminal defendant to receive a fair trial. A fair trial is guaranteed within the Sixth Amendment in the United States Constitution. Also, this form has the right to press (print and electronic media) to publish information about the defendant and the alleged criminal act this is protected under the First Amendment. With this second amendment under the Constitution this has been a safeguard which can bring conflict when pretrial publicity has threatened to deprive the defendant of an impartial jury.
However, to get a venue change based on this publicity the Courte will require the defense to show the media coverage to be actual prejudice in the perspective of jurors' minds. The courts might consider a variety of factors of others than using the words from the prospective jurors, such as.
The frequency of the publicity
Whether if the publicity has been objective or slanted against the defendant,
Whether the publicity is recent or old and,
Based on the size and character of the community who has been exposed to the publicity.
Therefore, the judge will reconsider the judgement by reviewing all the articles and the broadcast. Also, the judge can inquire all other relevant information into consideration. In order for this to happen the issue will be concern on whether the obligation of the pretrial publicity would affect the defendant to obtain the right of having a fair trial.
How to request a change?
To seek a venue change, the defense must file a written motion with affidavits on demonstration on why the defendant who can't receive a fair trial. Judges decide IF the motion to change venue due to the bad publicity after the voir dire.
This is not legal advice
Commentaires