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Managing High Profile Cases

Managing high profile cases can be stressful, this course will help you to manage these cases with knowledge of venue changes, the impact of pretrial publicity on juror and jury-decision making, and ruling deferment.

There is more than 40 years of research documenting the pernicious effects of pretrial publicity on juror decision making. The research demonstrates that constitutional rights to a fair and impartial trial can be undermined when a jury pool has been saturated with prejudicial media coverage. However, the most recent decisions on change of venue appear to disregard that risk. Since skilling, it has become increasingly difficult to win a change of venue motion. Many judges prefer to punt the issue and wait until after jury selection begins. Voir dire then becomes an exercise in persuading prospective jurors to say the magic words, I can be fair and impartial. This effectively provides legal cover against an appeal, but leaves the petitioner with a box filled with biased jurors. To navigate a change of venue motion in this environment it is imperative to understand the case law, social science research, and strategies for demonstrating substantial bias in the jury pool before voir dire begins. This information covers the federal case law on venue and uses recent high profile cases and change of venue survey data to chronicle the steps involved in putting together a successful motion; describes the social science literature on the impact of pretrial publicity and explains the arguments for why the trial court should not wait until jury selection begins to make a ruling; and describes alternative remedies to a change of venue and how the motion can be leveraged for improved voir dire conditions including additional peremptory challenges, an extensive juror questionnaire, individual sequestered voir dire, and a lowered cause challenge standard.

88 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

The Case Law on Change of Venue

  • Federal and State
  • Reasonable Likelihood Standard
  • Raising the Motion Before or After Voir Dire: Presumed vs. Actual Prejudice

The Impact of Pretrial Publicity on Juror and Jury Decision Making

  • The Social Science Research
  • Effectiveness of Legal Remedies Including Voir Dire and Judicial Admonitions
  • Can Jurors Set-Aside Pretrial Publicity and Be Fair and Impartial

How to Successfully Raise a Change of Venue Motion

  • Laying the Foundation for the Motion
  • Steps in a Change of Venue Study
  • Preserving the Record for Appeal

Deferring a Ruling Until After Jury Selection

  • Standard of Proof Changes
  • Rehabilitating Biased Jurors in Voir Dire
  • Leveraging a Change of Venue Motion to Improve Voir Dire Conditions
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 15, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Bryan Edelman, Ph.D.

Bryan Edelman, Ph.D.

Trial Innovations

  • Co-founder of Trial Innovations, a full service jury consulting firm
  • Been retained as an expert on pretrial publicity and change of venue in over 40 federal and state cases across the country
  • Worked on several high profile cases including the Flint Water crisis (Flint, Michigan), Holmes, Batman shooting, case (Aurora, CO), the shooting of Laquan McDonald by officer Jason Van Dyke (Chicago, IL), Don Blankenship and the Upper Big Branch coal mine explosion (Montcoal, West Virginia)
  • Conducts regular seminars and workshops on jury decision making, pretrial publicity, and change of venue
  • Author of several publications related to change of venue and pretrial publicity including the chapter on Change of Venue in

California criminal law procedure and practice, Continuing Education of the Bar

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
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  • Course Manuals
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  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 404249
Published 2019
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