Thalia, Muse Of Comedy Essay Example for Free

Thalia, Muse Of Comedy EssayVenue is defined simply as the appropriate prop of trial. In shepherds crook cases, fairness and convenience to the defendants are the underlying policy in determining locale. It has been lots 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(prenominal) factors as convenience of and fairness to the defendants and witnesses and the prompt administration of justice in setting venue and considering proceedings for the transpose of venue. Questions of venue in criminal cases are not merely matters of formal legal procedure. They raise dense issues of public policy in the light of which legislation must be construed (United States v. Johnson cited in VENUE- Cases).In score to comply with this public policy, courts will allow a change of venue if injustice will entrust and prejudice so great will exist against the defendant or if the procurement 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 three instances, to wit upon the judges sustain motion, upon motion of the state prosecution, and upon the defendants own motion (Chapter 31).On the other hand, the federal official 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 give away 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 afford a fair and impartial trial to the State and upon the motion of the judge or of the state prosecution.The inevitable certainty is that the Federal Ru les seek to afford a fair and impartial trial in favor of the charge 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 world wide sack up 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.