NCJ Number
143704
Journal
American Criminal Law Review Volume: 30 Issue: 3 Dated: (Spring 1993) Pages: 1259-1275
Date Published
1993
Length
17 pages
Annotation
This review of venue procedures under Federal law and criminal procedures addresses the general constitutional requirements of venue, the methods used by the courts to determine where venue is proper under the applicable criminal statute, pretrial motions the defendant should use to object to improper venue, and the appellate standard of review for venue issues.
Abstract
Federal venue rules -- as embodied in the U.S. Constitution, the Federal Rules of Criminal Procedure, Federal legislation, and Federal case law -- are designed to implement important public policies. The venue rules ensure that the defendant is able to procure an informed and impartial jury, favorable witnesses without burdensome expense or difficulty, and the convenience of being tried, if possible, near the defendant's home. Under Federal Rule of Criminal Procedure 21(a), the defendant is allowed to move for transfer on the ground that he/she cannot obtain a fair and impartial trial due to prejudice in the district. Only the defendant, not the prosecution or the court, may seek a transfer on the ground that the jury is not impartial or impanelled locally. A congressional statute that defines a crime will often contain a provision that specifies the venue where the crime should be prosecuted. This review examines the methods the courts use to determine venue when Congress fails to identify the appropriate forum. An examination of the Federal Rules of Criminal Procedure as they pertain to venue focuses on Rules 18 and 21. Issues discussed include pretrial publicity and convenience of the parties. An analysis of appellate review advises that in reviewing an improper venue claim, the appellate court must consider the evidence from a perspective most favorable to the government and determine whether or not the government proved venue was appropriate by a preponderance of the evidence. If the appellate court finds the venue was inappropriately located, the conviction will be reversed. 144 footnotes