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 streamlet . In criminal cases , bewitchingness and convenience to the defendants ar the primaeval constitution in determining locale . It has been often dominate that the basic requirement of placing locale in the district wherein the hatred has been committed essential be determined from the nature of the iniquity alleged and the location of the act or acts constituting it . However , courts essential consider such factors as convenience of and cleanness to the defendants and witnesses and the flying administration of justice in setting venue and considering working for the flip-flop of venue . Questions of venue in criminal cases are non merely matters of formal legal procedure . They raise dunk issues of public constitution in the light of whi ch legislation must(prenominal) be construed (United kingdoms v . Johnson cited in VENUE- CasesIn to comply with this public constitution , courts give suffer a counter switch of venue if injustice leave result and bias so colossal go out exist against the defendant or if the procurement of witnesses will be difficult if no tack 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 declare motion , upon motion of the fix prosecution , and upon the defendant s knowledge motion (Chapter 31 . On the other hand , the national Rules of wretched Procedure allows change of venue for trial entirely upon defendant s own motion (Rule 21Curiously , the Federal Rules only allow change of venue for prejudice and for convenience on the disrupt 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 brook 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 advance of the incriminate alone in interpreting the public policy crapper the determination of venue in criminal trials slice 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 exten sive web on Nov . 22 , 2007 . http /www .law .cornell .edu /rules /frcrmp /Rule21 .htmlTexas Code of Criminal Procedure . Retrieved from the goon wide web on Nov . 22 , 2007 . http /tlo2 .tlc .state .tx .us /cgi-bin /cqcgiZalman , Marvin . venue-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

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