Loading ...
Sorry, an error occurred while loading the content.

Federal venue in criminal cases

Expand Messages
  • one
    Thought you all would enjoy seeing this which comes out of the US Attorney s manual. http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00231.htm
    Message 1 of 1 , Jul 6, 2007
      Thought you all would enjoy seeing this which comes out of the US
      Attorney's manual.


      231 Particular Allegations -- Venue

      A defendant has a right to be tried in a forum where the crime was
      committed. See Article III, Section 2, Constitution of the United
      States; Sixth Amendment, Constitution of the United States; Fed. R.
      Crim. P. 18. As discussed, infra, this "right" may be waived, but absent
      a waiver, the government's case fails for lack of proof of venue .
      See United States v. Branan, 457 F.2d 1062, 1065-66 (6th Cir. 1972).

      The necessity of proving venue, however, does not require it to be
      alleged in the indictment. Fed. R. Crim. P. 7(c)(1), does not require
      venue to be alleged in an indictment.
      United States v. Votteller, 544 F.2d 1355 (6th Cir. 1976). See this
      Manual at 229.

      To avoid the filing of a bill of particulars to discover where the
      offense was committed, the better practice is to include such
      information in the indictment .
      See Hemphill v. United States, 392 F.2d 45, 48 (8th Cir.), cert. denied,
      393 U.S. 877 (1968).

      Venue must be proved at trial by the government by a preponderance of
      the evidence, and proof may be by direct or circumstantial evidence.
      See United States v. Lewis, 797 F.2d 358, 366 (7th Cir. 1986), cert.
      denied, 479 U.S. 1093 (1987); United States v. McDonough, 603 F.2d 19
      (7th Cir. 1979); United States v. Powell, 498 F.2d 890, 891 (9th Cir.),
      cert. denied, 419 U.S. 866 (1974); United States v. Luton, 486 F.2d
      1021, 1023 (5th Cir. 1973), cert. denied, 417 U.S. 920 (1974).

      A division of a district, however, is not a unit of venue.
      See United States v. Burns, 662 F.2d 1378 (11th Cir. 1981).

      Any defect in venue apparent from the indictment will be waived if the
      defendant fails to object before pleading guilty or before trial.
      See United States v. Allen, 24 F.3d 1180, 1830 (10th Cir.), cert.
      denied, 115 S.Ct. 493 (1994); United States v. Semel, 347 F.2d 228, 229
      (4th Cir.), cert. denied, 382 U.S. 840 (1965); United States v. Jones,
      162 F.2d 72, 73 (2d Cir. 1947); Fed. R. Crim. P. 12(b)(2).

      A claim of insufficient evidence to support a finding of venue will be
      waived if not specifically raised in a motion for acquittal.
      See United States v. Menendez, 612 F.2d 51 (2d Cir. 1979). See also
      United States v. Roberts, 618 F.2d 530 (9th Cir.), appeal after remand,
      640 F.2d 225, cert. denied, 452 U.S. 942 (1980).

      A number of statutes regulate the venue of particular criminal
      proceedings in the district courts.
      See, e.g., 18 U.S.C. ยง 1073 (flight to avoid prosecution or giving
      testimony), 3236 (murder or manslaughter), 3237(a) (continuing offenses
      and offenses committed in more than one district), 3239 (threatening
    Your message has been successfully submitted and would be delivered to recipients shortly.