Venue & Vicinage Flashcards
1
Q
where does venue properly lie
A
wherever the crime occurred, unless ∆ can show a good reason
2
Q
where does venue properly lie for continuing offenses
A
Venue properly lies in any jurisdiction where a predicate or necessary portion of the alleged offense occurred
3
Q
what are the two reasons to change venue
A
both are upon ∆’s motion
1. for convenience of the parties or interest of justice
2. if the defendant would be so prejudiced as to not have a fair and impartial trial
4
Q
how does a court assess if a defendant needs to change venue due to pretrial publicity
A
Skilling factors
1. extent and tone of pretrial publicity
2. size of community
3. safeguards like jury screening, instructions
