NCJ Number
38665
Journal
Oklahoma Law Review Volume: 29 Issue: 4 Dated: (FALL 1976) Pages: 803-860
Date Published
1976
Length
58 pages
Annotation
THIS ARTICLE DISCUSSES THE DISTINCTION BETWEEN VENUE AND VICINAGE IN AN EFFORT TO ILLUSTRATE THAT THE DISTINCTION BETWEEN THESE TWO CONCEPTS IS AND SHOULD BE OF GREAT IMPORTANCE.
Abstract
VENUE IS DEFINED AS A PROVISION OF THE THIRD ARTICLE OF THE US CONSTITUTION WHICH FIXES THE PLACE OF THE TRIAL, WHILE VICINAGE, A SIXTH AMENDMENT PROVISION, DEALS WITH THE PLACE FROM WHICH THE JURORS ARE TO BE SELECTED. THE ARTICLE IS DIVIDED INTO FOUR PARTS. PART ONE DETAILS THE COLONIAL HISTORY WHICH LED TO THE ADOPTION OF THE PROVISIONS AND RESULTED IN THE SPECIFIC LANGUAGE OF THE VENUE SECTION OF ARTICLE III AND OF THE SIXTH AMENDMENT. THE LEGISLATIVE HISTORY OF THE JUDICIARY ACT OF 1789 AND AN EXPLANATION OF ITS IMPACT ON THE CONCEPTS OF VENUE AND VICINAGE AS CONTAINED IN THE TWO CONSTITUTIONAL PROVISIONS ARE EXAMINED IN PART II. THE THIRD PART PRESENTS THE LEGISLATIVE AND JUDICIAL HISTORY OF VENUE, VICINAGE, PLACE OF COMMISSION OF A CRIME, AND JURISDICTION SINCE 1789 IN ORDER TO SHOW HOW THE DISTINCTION BETWEEN VENUE AND VICINAGE BECAME OBSCURED. THE FOURTH PART DEALS WITH SPECIFIC PROBLEMS OF PRESENT-DAY CRIMINAL PROCEDURE WHICH, IN THE OPINION OF THE AUTHOR, REQUIRE A PRACTICAL DISTINCTION BETWEEN THE CONCEPTS OF VENUE AND VICINAGE TO ACHIEVE FAIR JUDGMENTS. IN THE FEDERAL COURTS. (AUTHOR ABSTRACT MODIFIED)