Tuesday, July 24, 2012

change of venue

     A "change of venue" means the relocation of a trial to another district, usually because of a lot of negative publicity. Some judges have agreed that too much publicity might prejudice any local jury. Based on this, the judges have permitted a trial to be "moved"--to some other court, usually in the same state.
     This is blatantly unconstitutional--that is to say, illegal. Amendment VI of the United States guarantees the accused "the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law..."
   The judges who have decided on a "change of venue" may have reasoned that they needed the new venue in order to assure the "impartial jury" provision. They will have to do better, or risk having all of these cases thrown out of court. The "venue" provision is not as cinematic or dramatic as some of the other rights guaranteed by our Constitution, but real abuses of  "venue" were ( and are )  nightmarish. Imagine waking up in a strange place where no one knows your name, or has heard of your case, to be tried by a judge and jury who have no fear that a spectator or citizen will notice any legal irregularities.

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