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It likely depends on the crime. If the crime committed is obscure and jurisdiction dependent, that argument might hold weight in court. If it is something like
by cortesoft 6y ago
It likely depends on the crime. If the crime committed is obscure and jurisdiction dependent, that argument might hold weight in court. If it is something like murder, the court will likely rule that that is a crime everywhere and it was unreasonable to assume you could get away with murder .
- giantg2 6y agoBut how would they rule on the defendant's rights? If the law says that the person has the right to be tried by a jury in the same state and district, then it seems to be a blatant violation. Just because a crime may be universal, doesn't mean tha people can have their rights violated. The easiest fix for all of this is to have the legislature do their job and amend the law.
- dodobirdlord 6y agoAs discussed above, the ability of a court to change a venue because an impartial jury can't be obtained is well established. A judge would order a change of venue, the defendant would likely appeal, and the appeals court would find that changing the venue isn't an infringement of the defendant's rights.
- giantg2 6y agoBut that change of venue petition is requested by defense, not the prosecution.