Venue & Vicinage

Question 1

where does venue properly lie

Answer 1

wherever the crime occurred, unless ∆ can show a good reason

Question 2

where does venue properly lie for continuing offenses

Answer 2

Venue properly lies in any jurisdiction where a predicate or necessary portion of the alleged offense occurred

Question 3

what are the two reasons to change venue

Answer 3

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

Question 4

how does a court assess if a defendant needs to change venue due to pretrial publicity

Answer 4

Skilling factors
1. extent and tone of pretrial publicity
2. size of community
3. safeguards like jury screening, instructions