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
In a case originating in Arizona, one of the parties requested a change of venue citing that he had been subject to substantial pretrial publicity. The crime for which he was charged was second degree murder and it was classified as a class 1 felony under § 13-1103(A)(2) of the Arizona Revised Statutes.
This offense carries with it a maximum potential sentence of life imprisonment, or natural life if the defendant has previously been convicted of two or more prior felonies.
The events leading up to this request were several articles published in local media outlets giving details about the crime and suspect, often featuring quotes from family members and law enforcement officials about their thoughts on the incident itself. This extensive coverage created an atmosphere where there would be difficulty finding impartial jurors to hear his case without prejudice due to their awareness of the situation outside what is presented at trial.
This motion was ultimately granted by presiding judge after taking into account factors such as population size at both venues, quality and depth of media coverage surrounding the event, time elapsed since original publication date and any mitigating circumstances that might help dispose favorably towards granting change of venue based on likelihood jurors would have become aware and swayed in ruling accordingly during trial proceedings.
Ultimately this move proved beneficial for all parties involved as jury selection could proceed without potential bias due to past press reports being taken into consideration while also allowing defendant access to fair hearing despite overwhelming public opinion against him from start before facts were even presented in court room setting.