VENUE

in law, locality in which a criminal offense has occurred or in which a court has jurisdiction to try the offense. The concept of venue involves important issues of public policy in the adjudication of crimes. Local and general statutes specify the court in which a criminal offense must be tried. If the case is brought before an improper official, either the accused, the prosecutor, or the court itself may move for a change of court, or a change of venue. Such a change involves primarily the transfer of a case to a different locale or jurisdiction rather than merely to a different court. The transfer of a case to a higher court within the same jurisdiction is not a change of venue. The grounds for a change of venue are specified in the statutes, although much is left to the discretion of the court. Grounds for a change have included newspaper reporting considered to have biased all potential jurors, the danger of violence, racial prejudice, and the convenience of jurors or witnesses. Generally, the right to request a change of venue must be exercised by the accused, but the prosecution also may obtain a change. The judge may disqualify himself and request a change to another court in another jurisdiction. A codefendant has the right to request a change even if it requires splitting the trial into two or more separate cases. Venue statutes usually specify that a trial must take place in the district that has subject-matter jurisdiction over the offense. Often this is the district in which the crime was committed or in which a corpus delicti was discovered. If trial is held in an improper court, the defendant cannot later complain if he has failed to request a change. If he makes such a request and it is wrongfully denied, an appeal court can request a new trial.