THE USE OF SOCIAL SCIENCE DATA IN A CHANGE OF VENUE APPLICATION: A CASE STUDY

Authors

  • NEIL VIDMAR
  • JOHN WT JUDSON

Abstract

After surveying prior Canadian case law related to change of venue applications, this article uses the case of R. v. Brunner to demonstrate the typical use of the circumstantial, indirect and, on occasion, opinion evidence used to assess the level of prejudice in the community where an accused is to be tried. It uses the case to expose the benefits of using professional and empirical evidence to assess levels of knowledge and prejudice in the community in order to assist judges in weighing the merits of an application. It explains the methodology of the empirical studies and supporting social sciences research, and discusses the legal implications.

Keywords:

Civil Procedure, Courts

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Published

1981-03-01

Issue

Section

Case Comment

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