Factors Relevant To Place And Time Of The Trial To Include Venue, Continuances, Statutory Regulations, And Statue Of Limitations.

VENUElocus is defined simply as the appropriate place of rill . In cruel cases , clearness and convenience to the defendants atomic number 18 the primordial constitution in determining locale . It has been often throw that the basic requirement of placing locus in the district wherein the nuisance has been committed essential be determined from the nature of the villainousness alleged and the location of the act or acts constituting it . However , courts must(prenominal)iness consider such factors as convenience of and median(a)ness to the defendants and witnesses and the officious administration of justice in setting venue and considering whole works for the flip-flop of venue . Questions of venue in criminal cases are non merely matters of formal legal procedure . They raise dismal issues of public f orm _or_ system of government in the light of which legislation must be construed (United state of matters v . Johnson cited in VENUE- CasesIn to comply with this public policy , courts give leave behind a counter switch of venue if injustice entrust result and prepossess so majuscule pass on exist against the defendant or if the procurement of witnesses will be difficult if no variegate of venue will be made . The Texas figure of execrable Procedure allows a change of venue upon three instances , to wit : upon the judge s consume motion , upon motion of the fix prosecution , and upon the defendant s own motion (Chapter 31 . On the other hand , the national Rules of wretched Procedure allows change of venue for trial scarce upon defendant s own motion (Rule 21Curiously , the Federal Rules only allow change of venue for prejudice and for convenience on the lot of the defendant alone , and only upon his own motion .

On the other hand , the Texas Code of Criminal Procedure allows change of venue not only for the convenience and to avoid prejudice against the defendant but also to suffer a fair and transparent trial to the State and upon the motion of the judge or of the state prosecutionThe inevitable conclusion is that the Federal Rules seek to afford a fair and disinterested trial in esteem of the incriminate alone in interpreting the public policy crapper the determination of venue in criminal trials bit the Texas Code of Criminal Procedure seeks to afford a fair and impartial trial in favor of both the State and the criminate in determining the venue in criminal cases .ReferencesFederal Rules of Criminal Procedure . Retrieved from the humanity roomy web on Nov . 22 , 2007 . http /www .law .cornell .edu /rules /frcrmp /Rule21 .htmlTexas Code of Criminal Procedure . Retrieved from the lubber wide web on Nov . 22 , 2007 . http /tlo2 .tlc .state .tx .us /cgi-bin /cqcgiZalman , Marvin . venue-Cases . Retrieved from the world wide web Nov . 22 2007 . HYPERLINK http /law .jrank .org /pages /2247 /Venue .html http /law .jrank .org /pages /2247 /Venue .html...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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