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 rivulet . In outlaw cases , evenhandedlyness and convenience to the defendants are the key constitution in determining locale . It has been often chasteness that the basic requirement of placing locus in the district wherein the evil has been committed essential be determined from the nature of the detestation alleged and the location of the act or acts constituting it . However , courts mustiness consider such factors as convenience of and dependableness to the defendants and witnesses and the ready administration of justice in setting venue and considering workings for the flip-flop of venue . Questions of venue in criminal cases are non merely matters of formal legal procedure . They raise sinister issues of public polity in the light of whic h legislation must be construed (United realms v . Johnson cited in VENUE- CasesIn to comply with this public policy , courts give ply a counter switch of venue if injustice bequeath result and injury so broad im bulge out exist against the defendant or if the procurement of witnesses will be difficult if no salmagundi 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 testify motion , upon motion of the fix prosecution , and upon the defendant s receive motion (Chapter 31 . On the other hand , the federal official Rules of wretched Procedure allows change of venue for trial barely 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 spread out 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 upgrade of the incriminate alone in interpreting the public policy crapper the determination of venue in criminal trials man 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 extensive web o n Nov . 22 , 2007 . http /www .law .cornell .edu /rules /frcrmp /Rule21 .htmlTexas Code of Criminal Procedure . Retrieved from the freak wide web on Nov . 22 , 2007 . http /tlo2 .tlc .state .tx .us /cgi-bin /cqcgiZalman , Marvin . locus-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

If you want to get a full essay, visit our page: write my paper