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 stripe . In culpable cases , decorousness and convenience to the defendants ar the underlying constitution in determining locale . It has been often sway that the basic requirement of placing venue in the district wherein the offense has been committed essential be determined from the nature of the abuse alleged and the location of the act or acts constituting it . However , courts mustiness consider such factors as convenience of and median(a)ness to the defendants and witnesses and the warm administration of justice in setting venue and considering kit and boodle for the flip-flop of venue . Questions of venue in criminal cases are non merely matters of formal legal procedure . They raise soft issues of public polity in the light of which leg islation must be construed (United distinguishs v . Johnson cited in VENUE- CasesIn to comply with this public policy , courts give earmark a counter switch of venue if injustice go out result and hurt so gigantic will exist against the defendant or if the procurement of witnesses will be difficult if no form 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 witness motion , upon motion of the fix prosecution , and upon the defendant s bear motion (Chapter 31 . On the other hand , the federal Rules of wretched Procedure allows change of venue for trial totally upon defendant s own motion (Rule 21Curiously , the Federal Rules only allow change of venue for prejudice and for convenience on the break in 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 spend 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 party favour of the incriminate alone in interpreting the public policy crapper the determination of venue in criminal trials maculation 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 simple web on Nov . 22 , 2007 . http /www .law .cornell .edu /rules /frcrmp /Rule21 .htmlTexas Code of Criminal Procedure . Retrieved from the thump wide web on Nov . 22 , 2007 . http /tlo2 .tlc .state .tx .us /cgi-bin /cqcgiZalman , Marvin . locale-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: OrderEssay.net

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