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Things to know about changing the venue survey

Juror prejudices can occur in some trials, making it necessary to move the location of the legal proceedings. Pre-existing community attitudes are also important and can make it the change of venue necessary. However, making the change is quite difficult and has multiple legal consequences. This is the main reason why a change of venue survey is required before making the final decision to move the location of the trial.

 

The change of venue survey in Miami is done using quantitative research, from jury-eligible individuals in the trial venue. The data is gathered from all relevant people, is analyzed and a set of conclusions is drafted. These conclusions are then used to support your motion for the change of venue.

 

The overview of change of venue surveys

 

The purpose of a change of venue survey in Ft. Lauderdale

 

Change of venue surveys are designed to gather evidence in order to question whether there is a reasonable likelihood that a fair trial cannot occur in the original jurisdiction. The surveys are done by trial consultants and must be done according to strict regulations. Surveys should not be done as “push polls”, where the respondents are influenced by the questions and information provided. These surveys are intended to shape opinions, not measure them.

 

Successful surveys should always measure the public opinion about a particular case, assessing the existing opinions among jurors.

 

Reporting the results

 

Once the survey is completed, the trial consultant has to present it in court in order to assess its results. The report must include the full questionnaire (exactly as it was used in the survey), identification details for the primary persons who performed the work and the description of the main steps and the methodology of the survey. Here's a shortlist of the main things that have to be included in the report:

  • The basic outline of the survey

    The determination of the sampling measures and the eligibility of jurors

    The training of the supervisors and interviewers that conduct the interviews

    The procedures of the interviews

    The dates of the survey

    The sample completion rate

    The tabulation of survey data

  • The questionnaire – the main design elements

  • A – Basic components – a change of venue questionnaire should include at least the following sets of questions:
  •  
  • Screening – this section includes questions that determine the respondent's eligibility
  • Awareness of the case – questions about the parties and the issues in dispute, questions designed to identify the part of population who knows the case
  • Prejudgment – questions to determine the opinions about the defendant's guilt
  • Source of information – questions designed to determine the source of information for the population

Demographics – questions designed to obtain information about the background of the Respondents – limited to questions to available objective data, to demonstrate the representativeness

B – The principles of the question design

The questions should be focused on facts and opinions, and should be as simple and as short as possible. This guarantees that they cannot be interpreted and are within the constraints of the information sought. The questions should be designed to offer quick, valid responses that can be used to assess the situation and the need for change of venue.

C – The length of the change of venue survey in Miami

The average change of venue survey in Ft. Lauderdale should be about 10 minutes or less. Longer interviews should always be avoided because they reduce the response rate. Also, the answers can be irrelevant if the interview is too long.

 

D – The question's wording

Questions should not create pressure to give specific answers or only one type of answer. Ambiguous or invalid answers should be eliminated during a survey. Questions that suggest the right answer should be avoided at all costs. The questions should be carefully assessed in order to determine whether they have the tendency to give socially acceptable responses. Questions should avoid context, influences or wording that increases the likelihood of certain types of responses.

 

E – The introduction of the questionnaire

Every change of venue survey in Ft. Lauderdale should have an introductory part. This part will include neutral explanations to potential respondents, which describe the purpose of the survey, the identity of the caller or the employer and the role of the whole process. However, the respondents should not be told the reason of the survey (the change of venue), as it will return biased responses. The introduction should clearly state that there are no wrong answers and that respondents are free to answer “I don't know” or “I have no opinion” any time.

 

F – Questions to determine the respondents' awareness of the case

These questions are called case awareness questions and are designed to determine how much information the respondents have about the case. The questions can include a short introduction about the case, but the information should be minimal. Once awareness was established, the questions can be more detailed, in order to determine the amount of information the respondents have about the case.

 

G – Questions to determine the prejudgment

These questions are designed to measure the guilt or prejudgment – they should not suggest the socially acceptable answer. For example, any reference to the presumption of innocence should be avoided. Direct questions should be avoided, as well.

 

H – Open-ended questions

Open-ended questions can be used, but the answers must be recorded verbatim. These questions should not be used after questions that provide information that can influence the content of the responses.

 

I – I don't know type of responses

As stated above, respondents are allowed to answer with “I don't know” as they see fit. If they answer with this sentence, they must not be forced to answer another related question.

 

J - Context and order effects

The change of venue survey in Miami can be reviewed in order to identify, correct and eliminate context or order effects. Attention to wording is critical and questions that are ambiguous should be reworded. Context and order effects can be complex and special care must be given to this aspect, in order to get the desired results.