Change of venue
Encyclopedia
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/or its defendant
(s) 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 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, 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."
An example of a change in venue happening is in the movie A Time to Kill
where Jake Brigance wants a change in venue because he believes that the jury will probably be an all white jury, and that is not fair for his black client Carl Lee Hailey.
In the 20th century, controversial venue changes included the 1992 trial of the four Los Angeles police officers (LAPD
) in the Rodney King incident; this trial was moved outside Los Angeles County
to Simi Valley
in neighboring Ventura County
. In the trial of Oklahoma City bomber
Timothy McVeigh
, the court granted a change of venue, and ordered the case transferred from Oklahoma
to the U.S. District Court in Denver, Colorado
presided over by U.S. District Judge Richard Matsch. In December, 1999, similar venue changes occurred in the Amadou Diallo
murder case in which the NYPD
defendants' trial was moved to Albany
. More recent examples in the 21st century of controversial venue changes were 2002's publicized cases of Beltway snipers Lee Boyd Malvo
and John Allen Muhammad
, whose publicized crimes in northern Virginia
caused their trials to be moved over 100 miles away to the southeastern Virginia cities of Chesapeake
and Virginia Beach.
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
to a new location. In high-profile matters, a change of venue may occur to move a jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
away from a location where a fair and impartial jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
may not be possible due to widespread publicity
Publicity
Publicity is the deliberate attempt to manage the public's perception of a subject. The subjects of publicity include people , goods and services, organizations of all kinds, and works of art or entertainment.From a marketing perspective, publicity is one component of promotion which is one...
about a crime and/or its defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
(s) 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
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
cases, to other states.
In law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, the word venue
Venue (law)
Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division . Venue deals with locality of a lawsuit--that is, in which locale a lawsuit may be filed or commenced...
designates the location where a trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
will be held. It derives from the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
word for "a place where people gather."
Notwithstanding its use in high profile cases, a change of venue
Venue (law)
Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division . Venue deals with locality of a lawsuit--that is, in which locale a lawsuit may be filed or commenced...
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 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, when a bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
or marshal
Marshal
Marshal , is a word used in several official titles of various branches of society. The word is an ancient loan word from Old French, cf...
calls the court to order part of the cry
Cry
Cry usually refers to crying, the act of shedding tears.Cry may also refer to:* Cry, Yonne, a commune in France* CRY , worldwide non-profit organization-Songs:* "Cry" , 1951...
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."
An example of a change in venue happening is in the movie A Time to Kill
A Time to Kill (film)
A Time to Kill is a 1996 film adaptation of John Grisham's 1989 legal thriller novel of the same name. Directed by Joel Schumacher, the film features an ensemble cast that includes Sandra Bullock, Samuel L...
where Jake Brigance wants a change in venue because he believes that the jury will probably be an all white jury, and that is not fair for his black client Carl Lee Hailey.
High-profile cases
Recent examplesIn the 20th century, controversial venue changes included the 1992 trial of the four Los Angeles police officers (LAPD
Los Angeles Police Department
The Los Angeles Police Department is the police department of the city of Los Angeles, California. With just under 10,000 officers and more than 3,000 civilian staff, covering an area of with a population of more than 4.1 million people, it is the third largest local law enforcement agency in...
) in the Rodney King incident; this trial was moved outside Los Angeles County
Los Angeles County, California
Los Angeles County is a county in the U.S. state of California. As of 2010 U.S. Census, the county had a population of 9,818,605, making it the most populous county in the United States. Los Angeles County alone is more populous than 42 individual U.S. states...
to Simi Valley
Simi Valley, California
-2010:The 2010 United States Census reported that Simi Valley had a population of 124,237. The population density was 2,940.8 people per square mile...
in neighboring Ventura County
Ventura County, California
Ventura County is a county in the southern part of the U.S. state of California. It is located on California's Pacific coast. It is often referred to as the Gold Coast, and has a reputation of being one of the safest populated places and one of the most affluent places in the country...
. In the trial of Oklahoma City bomber
Oklahoma City bombing
The Oklahoma City bombing was a terrorist bomb attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. It was the most destructive act of terrorism on American soil until the September 11, 2001 attacks. The Oklahoma blast claimed 168 lives, including 19...
Timothy McVeigh
Timothy McVeigh
Timothy James McVeigh was a United States Army veteran and security guard who detonated a truck bomb in front of the Alfred P. Murrah Building in Oklahoma City on April 19, 1995...
, the court granted a change of venue, and ordered the case transferred from Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
to the U.S. District Court in Denver, Colorado
United States District Court for the District of Colorado
The United States District Court for the District of Colorado is the Federal district court whose jurisdiction is the state of Colorado. The United States Congress organized Colorado as a single judicial district on June 26, 1876, by 19 Stat. 61...
presided over by U.S. District Judge Richard Matsch. In December, 1999, similar venue changes occurred in the Amadou Diallo
Amadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
murder case in which the NYPD
New York City Police Department
The New York City Police Department , established in 1845, is currently the largest municipal police force in the United States, with primary responsibilities in law enforcement and investigation within the five boroughs of New York City...
defendants' trial was moved to Albany
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
. More recent examples in the 21st century of controversial venue changes were 2002's publicized cases of Beltway snipers Lee Boyd Malvo
Lee Boyd Malvo
Lee Boyd Malvo , is a spree killer convicted, along with John Allen Muhammad, of murders in connection with the Beltway sniper attacks, which took place in the Washington Metropolitan Area over a three-week period in October 2002...
and John Allen Muhammad
John Allen Muhammad
John Allen Muhammad was a spree killer from the United States. He, along with his younger partner, Lee Boyd Malvo, carried out the 2002 Beltway sniper attacks, killing at least 10 people. Muhammad and Malvo were arrested in connection with the attacks on October 24, 2002, following tips from alert...
, whose publicized crimes in northern Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
caused their trials to be moved over 100 miles away to the southeastern Virginia cities of Chesapeake
Chesapeake
-Places:*Chesapeake, Indiana, defunct*Chesapeake High School, Anne Arundel County, Maryland*Chesapeake High School, Baltimore, Maryland*Chesapeake, Missouri*Chesapeake, Ohio*Chesapeake, Virginia*Chesapeake, West Virginia...
and Virginia Beach.