Surveys and Change of Venue

  • Hans Zeisel
  • David Kaye
Part of the Statistics for Social Science and Public Policy book series (SSBS)


The Sixth and Fourteenth Amendments to the United States Constitution guarantee criminal defendants the right to be tried by an “impartial jury of the State and district wherein the crime shall have been committed.” The Seventh Amendment extends the right to jury trial to most civil litigants. Normally, impartial juries are readily available in the districts in which the alleged crime or civil wrong has been committed. In rare instances, however, pretrial prejudice in the community may make it unlikely that an impartial jury can be impaneled. In such cases, the defense may move for a change of venue. If the court agrees with the defense, it has three options: if it considers the impediment temporary, it may postpone the trial to a time when community emotions are expected to have calmed down; it may import jurors from another, untarnished district; it may order a change of venue, causing the case to be tried elsewhere.1


Trial Court Trial Judge Public Opinion Survey Fourteenth Amendment Grand Jury 
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  1. James J. Gobert & Walter E. Jordan, Jury Selection: The Law, Art, and Science of Selecting a Jury (rev. ed. 1990)Google Scholar
  2. V. Hale Starr & Mark McCormick, Jury Selection: An Attorney’s Guide to Jury Law and Methods 213–42 (1993)Google Scholar

Copyright information

© Springer Science+Business Media New York 1997

Authors and Affiliations

  • Hans Zeisel
  • David Kaye
    • 1
  1. 1.College of LawArizona State UniversityTempeUSA

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