Classification of Crimes
Research a case in which one of the parties requested a change of venue. Describe the crime and surrounding events leading up to this request. Explain the crime's classification, including its sentencing potential. Support your conclusion with research, and include at least two resources other than the course materials.
https://www.azleg.gov/arsDetail/?title=13
https://www.justia.com/criminal/classification/
https://www.crimemuseum.org/crime-library/criminal-law/jurisdictions/
https://www.courts.ca.gov/9617.htm
Sample Solution
One such case in which a party requested a change of venue took place in Arizona. In 2014, Luis Alfredo Ramos was charged with first-degree murder for the death of Carlos Jacinto Rivera. The crime occurred in 2009 and involved the shooting death of Rivera at an apartment complex in Tucson, Arizona.
Prior to his trial, Ramos requested a change of venue citing intense media coverage across most major news outlets as well as social media exposure that had already formed public opinion on him and his guilt before he could be tried fairly. His legal team argued that the extensive publicity would prevent him from receiving a fair trial within Pima County or even Arizona so they applied for the case to be moved outside the state.
The crime Ramos is accused of committing falls under criminal homicide laws and is classified as first-degree murder due to its premeditation and intent which makes it punishable by life imprisonment or capital punishment (death penalty) depending on individual jurisdiction’s sentencing guidelines or if mitigating factors are present.
In this instance, Ramos' request for a change of venue was granted by Judge John Leonardo who ordered that all evidence presented during his trial originate from outside Arizona since it would not be possible for all potential jurors to have been unaffected by the media coverage surrounding this particular case nor give an unbiased assessment without prior knowledge being taken into consideration when making their decision on guilt or innocence.