8.9.4 Change of Venue Based on Pretrial Publicity

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

8.9.4 Change of Venue Based on Pretrial Publicity

When pretrial publicity creates a hostile environment in which the accused cannot receive a fair trial, the defendant is entitled to a change of venue to a more neutral place.⁷⁷ In such cases, the trial court should conduct extensive voir dire to try to find an impartial jury.⁷⁸

Technique

Where extensive pretrial publicity calls for a change of venue, counsel should introduce evidence of the newspaper clippings, video recordings of television coverage, audio recordings of radio coverage, witnesses, and other evidence to convince the trial court of the pervasive nature of the publicity and its negative impact. This also provides a record for appeal, if necessary.

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Notes:

^[77] . In federal court...