Definition

A change of venue is the removal of a trial from one district or county to another or from one court to another. The venue can be changed to obtain a fair criminal trial.

Using FactLogic to justify a change of venue, you can know exactly which facts elicit prejudice and the degree to which it would exist – if any. Knowledge obtained from using FactLogic will also help with subsequent jury selection.

 To demonstrate prejudice within a venue, take the following steps:

• Select The Alternate Venue.

• Create The Case. Create your case by entering some case information, the key facts, and one or more assertions to be proved by the facts.

• Copy The Case. Copy the case so you won’t mingle evaluations from the two venues. Simply click, "Copy Case."

• Select Evaluators. Randomly draw a large number of evaluators from the venire in each venue, and assign them to the appropriate copy of the case.

• Select Measures of Prejudice. Each evaluator will judge the probabilities for each fact and the standard of proof. From these probabilities, FactLogic will determine the probably that each assertion is true, the margin for each assertion (defined below), and predict the verdict. Select a value to measure possible prejudice.

• Analyze Results. The statistics computed by FactLogic may demonstrate that prejudice exists in the current venue. If there is any doubt, prejudice can easily be demonstrated by conducting a test of significance on any measure of prejudice. Basically, the test would determine whether the selected measure from the venues are significantly different.

1. Create and Copy The Case

Create your case: Include, at least, the assertion of most interest to the change of venue request, and include the key facts for this or other assertions.

Make a copy of your case for each venue so that results aren't mingled (i.e., simply click, Copy Case).

2. Select Evaluators

Select two groups of evaluators, one in the current venue and one in the proposed venue. Evaluators should be drawn randomly from the venire in each venue. Local records or market research companies can provide evaluators¹:

Evaluator Information. If possible, obtain demographic characteristics and life experience information from the two groups of evaluators. this knowledge will help with subsequent jury selection: Evaluators who have certain characteristics or experiences might judge key facts correspondingly, and you need to know this before voir dire.

Number of Evaluators. The two groups of evaluators needn't be the same size, but larger is better. The size of the groups will be dictated by either

• practical considerations (i.e., time or budget) or

• the desired precision.

3, Select Measures of Prejudice

FactLogic provides the following four values. Any of them could be considered measures of prejudice:

Measures Provided Directly by Evaluators:

• Standard of proof.

• Probabilities for key facts.

Measures Determined by FactLogic (from values provided by evaluators): Since the real facts are not known at this time, the following measures should be judged accordingly.

• Probability the assertion is true.

• Difference between the probability the assertion is true and the standard of proof. This difference is a more accurate measure of prejudice than is the probability an assertion is true (by itself) because jurors decide on this difference. This difference will be called the margin in the following text.

• Predicted verdict.

Select any of these measures.

4. Analyze Results

Any of the measures of prejudice listed in Section 3 can be analyzed. The margin (i.e., the difference between the probability the assertion is true and the standard of proof) and the predicted verdict are unusually compelling.

Each evaluator determines his/her standard of proof, called reasonable certainty (which is the opposite of reasonable doubt). To justify a change of venue, compare the measure of injustice from the current venue to the measure of injustice from the proposed venue. If the difference is significant, the justification for a change of venue is scientifically demonstrated. However, if the probabilities the assertions are true are small, the request for a change of venue might not be justified because the effect of prejudice is probably insignificant.

Convex Corporation can provide the statistical tests of significance for any measures you choose (except the predicted verdict).

Summary

The possible need for a change of venue can be demonstrated by selecting a group of evaluators in the current venue and a group of evaluators in the proposed venue. Create your case, make a copy for each venue, randomly select the evaluators in each venue, select one or more measures of prejudice. Obtain demographic data and measures of prejudice from both groups of evaluators; you can use this information for voir dire.

Employ one or more statistical tests and show that a selected measure of prejudice is significantly greater in the current venue than in the proposed venue.

Footnotes

¹ Convex Corporation may be able to provide evaluators.