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 streak . In criminal cases , fairness and convenience to the defendants are the cardinal constitution in determining locale . It has been often control that the basic requirement of placing venue in the district wherein the villainy has been committed essential be determined from the nature of the villainy alleged and the location of the act or acts constituting it . However , courts must consider such factors as convenience of and fairness to the defendants and witnesses and the agile administration of justice in setting venue and considering works for the flip-flop of venue . Questions of venue in criminal cases are non merely matters of formal legal procedure . They raise dim issues of public policy in the light of which legislation must be construed (United States v . Johnson cited in VENUE- CasesIn to comply with this public policy , courts give allow a counter switch of venue if injustice will result and prejudice so great will exist against the defendant or if the procurement of witnesses will be difficult if no change 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 own motion , upon motion of the fix prosecution , and upon the defendant s own motion (Chapter 31 . On the other hand , the Federal Rules of wretched Procedure allows change of venue for trial only upon defendant s own motion (Rule 21Curiously , the Federal Rules only allow change of venue for prejudice and for convenience on the part 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 afford 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 favor of the incriminate alone in interpreting the public policy crapper the determination of venue in criminal trials while 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 wide web on Nov . 22 , 2007 . http /www .law .cornell .edu /rules /frcrmp /Rule21 .htmlTexas Code of Criminal Procedure . Retrieved from the ball 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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