Saturday, June 8, 2019

Thalia, Muse Of Comedy Essay Example for Free

Thalia, Muse Of Comedy EssayVenue is defined simply as the appropriate place of run. In criminal cases, integrity and convenience to the defendants are the underlying policy in determining locale. It has been often ruled that the basic requirement of placing venue in the district wherein the crime has been committed must be determined from the nature of the crime alleged and the location of the act or acts constituting it.However, courts must consider such factors as convenience of and justness to the defendants and witnesses and the prompt administration of justice in setting venue and considering motions for the change of venue. Questions of venue in criminal cases are not merely matters of formal effective procedure. They raise deep issues of public policy in the light of which legislation must be construed (United provinces v. Johnson cited in VENUE- Cases).In order to comply with this public policy, courts go away allow a change of venue if injustice will result and prejudice so great will exist against the defendant or if the procurance of witnesses will be difficult if no change of venue will be made. The Texas Code of Criminal Procedure allows a change of venue upon third instances, to wit upon the judges declare motion, upon motion of the state prosecution, and upon the defendants own motion (Chapter 31).On the other hand, the Federal Rules of Criminal Procedure allows change of venue for trial only upon defendants own motion (Rule 21). Curiously, 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 excessively to knuckle under a fair and impartial trial to the State and upon the motion of the judge or of the state prosecution.The inevitable conclusion is that the Federal Rules seek to affo rd a fair and impartial trial in favor of the accused alone in interpreting the public policy behind the determination of venue in criminal trials, while the Texas Code of Criminal Procedure seeks to afford a fair and impartial trial in favor of both the State and the accused in determining the venue in criminal cases.ReferencesFederal Rules of Criminal Procedure. Retrieved from the globe wide web on Nov. 22, 2007. http//www. law. cornell. edu/rules/frcrmp/Rule21. html. Texas Code of Criminal Procedure. Retrieved from the world wide web on Nov. 22, 2007. http//tlo2. tlc. state. tx. us/cgi-bin/cqcgi. Zalman, Marvin. Venue-Cases. Retrieved from the world wide web Nov. 22, 2007. http//law. jrank. org/pages/2247/Venue. html.

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