Question

A high-profile crime has been committed, and the entire community is talking about it. It seems that everyone knows someone who has been affected, and everyone has an opinion about who did it and how they should be punished. The judge decides to move the trial to a court in a different county. 

What part of the Bill of Rights is the basis for this decision?  


A. The Sixth Amendment's guarantee of the right to an unbiased jury  
B. The Eighth Amendment's protections against cruel and unusual punishment  
C. The Tenth Amendment's statement that any powers not given to the federal government are reserved for the states  
D. The Seventh Amendment's prohibition against overturning a jury's verdict

Answer 1

A. The Sixth Amendment's guarantee of the right to an unbiased jury.

The Sixth Amendment of the US Constitution states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law."

If it is determined that impartiality is not possible or likely within the locality or district where a crime has been committed, a defendant can waive his right to a local trial and ask for a change of venue to a different county or district where prejudice against him is not going to be a dominating factor.