Legal Definitions - venire de novo

Venire de novo refers to a court order for a new jury selection process or, more broadly, a new trial. This order is typically issued when a significant legal error or procedural defect occurred during the initial trial or jury selection, making it impossible to proceed fairly or render a valid judgment based on the previous proceedings. Essentially, it means starting the process of finding a jury, or even the entire trial, "from the beginning" or "anew."

• Example 1: Improper Jury Pool Selection
  Imagine a high-profile criminal case where, after the jury has been selected but before testimony begins, it is discovered that the initial pool of potential jurors was drawn using an outdated or discriminatory method, violating legal requirements for a fair cross-section of the community. This fundamental error means the selected jury is not legally valid.

  In this situation, the judge would declare a venire de novo. This means the entire process of summoning new potential jurors and selecting a new jury must start over from scratch, ensuring compliance with all legal procedures.

• Example 2: Jury Tainted by External Influence
  Consider a civil lawsuit where, midway through the trial, it comes to light that the deliberating jury was exposed to highly prejudicial information outside of court, perhaps through media reports or unauthorized contact, which could significantly sway their verdict. The judge determines that the jury's impartiality has been irrevocably compromised.

  The court would declare a mistrial and order a venire de novo. This mandates the selection of an entirely new, untainted jury for the subsequent retrial, ensuring that the new jurors hear only admissible evidence presented in court.

• Example 3: Appellate Court Reversal Requiring New Trial
  Suppose an appeals court reviews a lower court's verdict and finds a critical error in how the judge instructed the jury on a key point of law. The appeals court concludes that this incorrect instruction likely confused the jury and affected their decision, making the original verdict unreliable. The appellate court reverses the judgment and sends the case back to the lower court for further proceedings.

  Upon receiving the case back, the lower court would typically proceed with a venire de novo. This means a new jury must be selected for the retrial, which will then be properly instructed on the law, allowing for a fair and legally sound determination.