Stuck in the 1960s: Supreme Court Misses an Opportunity in Skilling v. United States to Bring Venue Jurisprudence Into the Twenty-First Century

Date

2011

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Focuses on the flaws in the presumption of prejudice standard currently applied by the Supreme Court. Because the standard is based on facts from 1960s cases, it is so narrow and outdated that it infringes on a defendant's constitutional right to a fair trial. This Comment proposes a solution for changing the standard that would best protect the right to a fair trial for defendants involved in future high-profile trials.

Description

Keywords

Skilling v. United States, Venue jurisprudence, Problems with the presumption of prejudice standard, Origin of the circuit split, Evolution of the presumption of prejudice standards in the 1960s, Actual prejudice v. presumed prejudice, Virtual Impossibility Standard, Irvin v. Dowd, Rideau v. Louisiana, Estes v. Texas, Sheppard v. Maxwell, Virtually Impossible Standard, Reasonable Likelihood Standard, Reasonable Likelihood Standard, Voir dire

Citation

Christina Collins, Stuck in the 1960s: Supreme Court Misses an Opportunity in Skilling v. United States to Bring Venue Jurisprudence Into the Twenty-First Century, 44 Tex. Tech L. Rev. 391 (2011-2012)