This motion waives the defendants Sixth Amendment right to trial in the

This motion waives the defendants sixth amendment

This preview shows page 28 - 30 out of 35 pages.

1.This motion waives the defendant’s Sixth Amendment right to trial in the district where the crime was committed.2.Only defendants can file a motion to change the venue.3.Trying the case in the community where the crime was committed protects the interests of both the defendant and thecommunity. a)It protects the defendant’s right to a fair and impartial trial.b)It protects the community’s interest in administering justice where the crime was committed. 4.Courts use two tests for granting motions to change the venue because of harmful publicity.
Chapter 13 Outline I.After the Decision to Charge II.Conviction by Jury Trial 1.The constitutional test consists of two elements; a)Are there enough jurors to find the truth?b)Are there enough to allow community participation in decision making?2.The U.S. Supreme Court ruled that five jurors aren’t enough. (Ballew v. Georgia1978)C.Jury selection: The Federal Jury Selection Act is followed in most states.1.It requires a random selection from a “fair crosssection of the community.”2.No exclusions can be based on “race, color, religion, sex, national origin, or economic status.”3.Jury list sources include local census reports, tax rolls, city directories, telephone books, and driver’s license lists.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture