Tuesday, December 29, 2009

Why Change Of Venue?

Very few judges approve defense lawyer requests for change of venue. That is where a trial location is changed to another site in order to prevent possible prejudice against a defendant.

But judges, for the most part, do not like to offer this request.

Yet, it is important for cases in the public eye that a defendant be tried where he or she can have jurors who have not been bombarded with information about the case. Or where they may be fairly judged on the merits of the case arguments.

Particularly, where information comes from populist and perhaps ignorant-of-the-facts media, that may already have prejudged that defendant.

I find a basic prejudice exists against defendants who happen to be in finance or business. Most jurors, and I may add, judges, harbor innate prejudice against such individuals.

Many jurors simply do not understand basic finance or business. And they have been influenced by years of populist thought. A change of venue does not help change the harm done by such ignorance, but the change of venue principle is, at least, a step in correcting the judicial system.

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