Navigating the criminal justice system can be daunting, especially when facing serious charges. One strategic legal maneuver available to defendants is requesting a change of venue for their case. This blog post aims to explain how, when, and why a defendant might seek a change of venue in a criminal case. I will also provide relevant case law that can bolster a defendant’s motion to move the trial’s venue.

What is a Change of Venue?

A change of venue involves moving a trial to a different geographical location within the judicial system. This motion is typically filed by the defense but can also be requested by the prosecution. The primary purpose is to ensure a fair trial by selecting a location where potential jurors are less likely to be biased against the defendant.

Why Seek a Change of Venue?

The fundamental reason for seeking a change of venue is to ensure the defendant receives a fair and impartial trial. Here are some specific reasons a defendant might request it:

1. Pretrial Publicity: Extensive media coverage can prejudice potential jurors. If the local community has been saturated with information about the case, it may be challenging to find impartial jurors.
2. Community Sentiment: In cases involving heinous crimes or local controversies, strong community sentiment against the defendant can undermine the fairness of the trial.
3. Racial or Ethnic Bias: If the defendant belongs to a minority group and there is evidence suggesting potential racial or ethnic bias in the local jury pool, a change of venue might be warranted.
4. Convenience and Safety: In some instances, logistical issues such as the safety of the defendant, witnesses, or attorneys, or the convenience for the parties involved might justify a venue change.

How to Seek a Change of Venue

To seek a change of venue, the defendants attorney must file a motion with the court. This motion typically includes:

1. Affidavit of Prejudice: An affidavit detailing the specific reasons why a fair trial cannot be held in the current venue. This affidavit might include evidence of pretrial publicity, affidavits from community members, or statistical data showing potential bias.
2. Supporting Evidence: Documentation supporting the claims made in the affidavit, such as news articles, social media posts, and public opinion surveys.
3. Legal Argument: A memorandum of law outlining the legal basis for the venue change, including relevant statutes and case law.

When to Seek a Change of Venue

A motion for a change of venue should be filed as early as possible, typically during the pretrial phase. The timing can be crucial because the court needs to assess the potential for bias before jury selection begins. If new evidence of potential bias emerges later in the process, the motion can still be filed, but early action is generally more effective.

Relevant Case Law When Seeking a Change of Venue

Several landmark cases have established the legal standards and precedents for granting a change of venue. Here are a few key cases:

Sheppard v. Maxwell

In Sheppard v. Maxwell, 86 S.Ct. 1507 (1966), the Supreme Court held that excessive pretrial publicity and a carnival atmosphere surrounding a trial can deprive a defendant of a fair trial. This case is often cited when arguing that media coverage has prejudiced the jury pool.

Rideau v. Louisiana

In Rideau v. Louisiana, 83 S.Ct. 1417 (1963), the Supreme Court found that a defendants televised confession, broadcast repeatedly in the community where the trial was held, required a change of venue to ensure a fair trial.

Irvin v. Dowd

In Irvin v. Dowd, 81 S.Ct. 1639 (1961), the Supreme Court established that pervasive and inflammatory pretrial publicity can create a presumption of prejudice, warranting a change of venue.

Skilling v. United States

In Skilling v. United States, 130 S.Ct. 2896 (2010), the Supreme Court outlined the factors to consider when evaluating claims of pretrial prejudice, emphasizing the need for a showing of actual prejudice.

Crafting an Effective Motion

When crafting a motion for a change of venue, its crucial to present a compelling argument backed by strong evidence and case laws such as those identified above. Here are some tips:

1. Detailed Affidavit: Include a comprehensive affidavit outlining the reasons for requesting a venue change. Be specific about the nature and extend of pretrial publicity or community bias.
2. Evidence Compilation: Gather and present evidence that demonstrates the potential for bias. This can include media reports, public opinion surveys, and expert testimony on community sentiment.
3. Legal Precedents: Cite relevant case law to support your argument. Explain how the circumstances of your case align with those in precedential cases where a change of venue was granted.
4. Expert Testimony: Consider including affidavits or testimony from experts in media influence or community psychology to bolster your claim of potential juror bias.

My Final Thoughts

A change of venue can be a crucial tool for ensuring a fair trial in the face of potential juror bias. By understanding the reasons for seeking a venue change, the process involved, and the relevant case law, defendants and their attorneys can make informed decisions and craft compelling motions. While is is not always granted, presenting a well-supported argument can significantly enhance the chances of success and ultimately protect the defendants right to a fair trial.

If you, or someone you know, will be engaging in self-representation in a criminal matter or is pursuing any form of post-conviction relief following a criminal conviction, our book, The Colossal Book of Criminal Citations, is a crucial tool in the pursuit of justice. Order your copy today, or on behalf of someone incarcerated. Our books are softcover, institution friendly, and ready for immediate shipping.