When navigating the complex world of criminal justice, one of the critical terms you will encounter is venue. Venue refers to the location where a criminal case is tried and decided. Understanding venue is essential for defendants and their families as it can significantly influence the course of a trial and its outcome. This blog post will explore the concept of venue, how its determined, and its implications for criminal defendants.

What is Venue in a Criminal Case?

In legal terms, venue refers to the specific geographic location where a court with jurisdiction will hear and decide a case. Jurisdiction is the authority of a court to hear a case, while venue is the actual place where the case is heard. In criminal cases, the venue is usually the location where the alleged crime occurred. However, there are circumstances where the venue can be changed, or challenged.

How is Venue Determined in a Criminal Case?

The venue for a criminal case is primarily determined by the following factors:

1. Location of the Crime: The most straightforward factor is the geographical place where the alleged crime occurred. The general rule is that the trial should be held in the same locality to ensure a fair trial by a jury of peers from the same community.
2. Statutory Provisions: Laws and statutes often dictate specific rules for determining venue. For example, certain crimes, like those involving multiple jurisdictions (e.g., fraud or conspiracy), may have specific statutes that outline how the venue should be decided.
3. Defendants and Witnesses Convenience: Courts sometimes consider the convenience of the defendant and witnesses when determining the venue. If moving the trial to a different location significantly reduces hardships for those involved, a change of venue might be considered.
4. Publicity and Prejudice: In high profile cases where local publicity might prejudice potential jurors, a change of venue may be requested for a fair trial. The defense can argue that excessive media coverage in the original venue has created a bias, making it impossible to form an impartial jury.
5. Multiple Offenses: If a defendant is charged with multiple offenses occurring in different counties, the venue may be chosen based on where the majority of the crimes occurred or where the most severe offenses took place. However, a defendant could also be subjected to a trial in each individual county for the crimes committed therein.

The Process of Changing Venue

Changing venue, also known as a motion for change of venue, can be a crucial strategy in a criminal defense. For an in-depth look at seeking a change of venue, read my post, How to Change a Criminal Case’s Venue. In short, this is how it works: The defense or prosecution files a motion to change the venue based on various factors, with evidence supporting the venue change request. The court will then hold a hearing to consider the motion and render a decision.

Implications of Venue for Defendants

Understanding and potentially challenging the venue can have several implications for defendants:

1. Fair Trial: Ensuring a fair trial is the most significant reason for addressing venue issues. A venue with less pretrial publicity and potential bias increases the chances of an impartial jury.
2. Witness Accessibility: The convenience of witnesses can impact the quality of testimony. If key witnesses are closer to the new venue, their ability to attend and testify can strengthen the defense or prosecution’s case.
3. Jury Composition: The demographic makeup of the jury pool can vary significantly between locations. Changing the venue can lead to a jury that may be more or less sympathetic to the defendant, depending on the communities characteristics.
4. Costs and Logistics: Moving a trial can increase costs and logistical challenges. This includes transportation, accommodation, and other expenses for legal teams, witnesses, and the defendants family.

Real Examples of Criminal Case Venue Changes

To illustrate the importance of venue in criminal cases, here are a couple notable examples:

Timothy McVeigh

Timothy McVeigh, the perpetrator of the Oklahoma City bombing, had his trial moved from Oklahoma City to Denver, Colorado. The defense successfully argued that the intense local media coverage and emotional impact on the community would prevent a fair trial in Oklahoma.

Rodney King

In the Rodney King case, the trial of the police officers accused of beating Rodney King was moved from Los Angeles to Simi Valley. The defense argued that the officers could not get a fair trial in Los Angeles due to the extensive publicity and potential bias of the jury pool.

My Final Thoughts

Understanding the concept of venue is crucial for anyone involved in the criminal justice system. The venue of a trial can influences the fairness, logistics, and outcome of a case. For defendants and their families, being aware of how venue is determined, and the possibility of changing venue can be an essential part of the defense strategy. Knowledge and strategic planning regarding venue can be critical in ensuring a fair and just 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 frequently advertised in Prison Legal News magazine.