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Different Jury, Different Verdict? A Rehearing on Change of Venue

NCJ Number
138392
Journal
ABA Journal Volume: 78 Dated: (August 1992) Pages: 54-57
Author(s)
M Hansen
Date Published
1992
Length
4 pages
Annotation
The verdict in the 1992 case of Rodney King has generated efforts by judges in police misconduct cases to ease racial tensions, find unbiased jurors, and protect the right to a fair trial and has led to legislation in two States requiring that demographics be considered in any decision regarding change of venue.
Abstract
King is the black motorist whose videotaped beating by four Los Angeles police officers and the subsequent acquittal of the police, led to three of rioting that resulted in 60 deaths and nearly $1 billion in property damage. Despite many indications that the case raised public awareness and judicial sensitivity to the potential for racial bias in the legal process, many defense attorneys fear that the King verdict may have made it impossible to obtain a fair trial in a police misconduct case. The New Jersey legislation would require that the site chosen for a change of venue have the same demographics as the scene of the crime. However, the California law requires only that the judge consider demographic factors. Even without changes in the law, recent judicial decisions regarding change of venue and voir dire reflect concern about jury fairness. Photographs

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