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A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and its defendants to another community in order to obtain jurors who can be more objective in their duties. This change may be to different towns, and across the other sides of states or, in some extremely high-profile federal cases, to other states.
In law, the word venue designates the location where a trial will be held. It derives from the Latin word for "a place where people gather."
Notwithstanding its use in high-profile cases, a change of venue is more typically sought when a defendant believes that the plaintiff's selected venue is either improper or less appropriate than another venue. A change of venue request because venue is improper means that the removing defendant believes that the case may not be in that venue because it is improper under procedural rules. A change of venue request can also be made if the defendant believes there is a more appropriate venue – called forum non conveniens – even if the current venue is proper under the procedural rules. In these cases, the trial judge is given great deference in most jurisdictions by appellate courts in making the decision as to whether there is a more appropriate venue.
A change of venue may be reflected in the formal language used in a trial. For example, in California, when a bailiff or marshal calls the court to order part of the cry will take the form "in and for the County of San Francisco"; when there is a change of venue the cry will be, "in the County of Alameda for the County of San Francisco."
In England and Wales, the Central Criminal Court Act 1856 permitted the venue for some high-profile cases to be changed to the Old Bailey in London. The Act was passed during the case of William Palmer and was based concerns that he would not be able get a fair trial in his native Staffordshire. They would make it easy for him to repeal the case by local publicity surrounding the case.
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment.
A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment.
Laci Denise Peterson was an American woman murdered by her husband, Scott Lee Peterson, while eight months pregnant with their first child. She disappeared in 2002, from the couple's home in Modesto, California, after which Scott reported her missing. The next year, her remains and those of her unborn son, whom the couple had planned to name Conner, were discovered on the shores of San Francisco Bay; subsequently, Scott was arrested and charged with two counts of murder. In 2004, Scott was found guilty of the first-degree murder of Laci and the second-degree murder of Conner.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. In response to delays in bringing cases to trial, some states have adopted "fast-track" rules that sharply limit the ability of judges to grant continuances. However, a motion for continuance may be granted when necessitated by unforeseeable events, or for other reasonable cause articulated by the movant, especially when the court deems it necessary and prudent in the "interest of justice."
In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute.
In France, a cour d'assises, or Court of Assizes or Assize Court, is a criminal trial court with original and appellate limited jurisdiction to hear cases involving defendants accused of felonies, meaning crimes as defined in French law. It is the only French court that uses a jury trial.
On May 22, 1995, 16-year-old Jimmy Farris, the son of a Los Angeles Police Department officer, was stabbed to death. Farris and his friend, Michael McLoren, were next to a clubhouse-type fort in McLoren's backyard. Four acquaintances of Farris and McLoren jumped the chainlink fence and approached the fort. There was a fight inside the fort. Farris and McLoren went into the house, bleeding from stab wounds, while the other four climbed back over the fence and left. Farris died before paramedics arrived. McLoren was airlifted to UCLA Medical Center.
In law, the venue is the location where a case is heard.
Leslie "Joe Goebbels" Irvin was an American serial killer whose killing spree in the early 1950s terrorized residents of southwestern Indiana and whose Supreme Court case set a precedent for ensuring a fair trial for defendants even in the wake of a great deal of pretrial publicity.
Nebraska Press Association v. Stuart, 427 U.S. 539 (1976), was a landmark Supreme Court of the United States decision in which the Court held unconstitutional prior restraints on media coverage during criminal trials.
Racial discrimination in jury selection is specifically prohibited by law in many jurisdictions throughout the world. In the United States, it has been defined through a series of judicial decisions. However, juries composed solely of one racial group are legal in the United States and other countries. While the racial composition of juries is not dictated by law, racial discrimination in the selection of jurors is specifically prohibited. Depending on context, the phrases "all-white jury" or "all-black jury" can raise the expectation that deliberations may be unfair.
In criminal law, a lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. It is also used in non-criminal violations of law, such as certain classes of traffic offenses.
Obadyah Ben-Yisrayl is an American serial killer found guilty of committing four murders and acquitted on three other murder charges related to the "Shotgun Killer" spree in Indiana from October 30, 1990, to December 18, 1990.
M. Gerald Schwartzbach is an American criminal defense attorney.
A stealth juror or rogue juror is a person who, motivated by a hidden agenda in reference to a legal case, attempts to be seated on the jury and to influence the outcome. Legal scholars believe that lawyers can identify stealth jurors by paying close attention to non-verbal behavior connected with deception and identifying discrepancies between answers to oral voir dire and written questionnaires. A potential stealth juror may be hard to read and excessively reserved. The potential for stealth jurors to nullify death penalty statutes has prompted calls to eliminate the requirement of a unanimous verdict in jury trials. On the other hand, the argument has been raised that stealth jurors can serve as a defense against bad laws.
Ham v. South Carolina, 409 U.S. 524 (1973), was a United States Supreme Court decision concerning examinations of prospective jurors during voir dire. The Court held that the trial court's failure to "have the jurors interrogated on the issue of racial bias" violated the petitioner's due process right under the Fourteenth Amendment. This right does not extend to any question of bias, but it does not preclude questions of relevant biases.
Stanley Martin Weisberg is a former prosecutor and Los Angeles County Superior Court judge known for presiding over the trials of the police officers charged with the beating of Rodney King, and of brothers Lyle and Erik Menéndez, in the trial for the murder of their parents. In a number of cases, he made controversial rulings that were subject to criticism.
Flowers v. Mississippi, No. 17–9572, 588 U.S. ___ (2019), is a United States Supreme Court decision regarding the use of peremptory challenges to remove black jurors during a series of Mississippi criminal trials for Curtis Flowers, a black man convicted on murder charges. The Supreme Court held in Batson v. Kentucky that the use of peremptory challenges solely on the basis of race is unconstitutional. This case examined whether the Mississippi Supreme Court erred in how it applied Batson to this case. The Supreme Court ruled that Flowers' case fell under Batson and that the state inappropriately removed most of the potential black jurors during the trials.