Prosecutors do not have the “change of venue” luxury that the defense has. But let’s say for the sake of discussion that they did.
Also, let’s change the venue to Mississippi.
Let’s say that three black friends from Marshall County (one of the whitest in the state), are visiting relatives in Claiborne County (the blackest in the state). In a fit of rage, one murders the other two.
Also, let’s also assume for discussion that the county prosecutor in Claiborne County, and most of his or her staff, are white.
What would the reaction be if the Prosecutors moved to have a change of venue from Claiborne County, to the man’s home county of Marshall, because the propensity of black jury nullification means that the Prosecution could not get a fair chance for jurors to consider their case?
Needless to say, that matter would be squashed well before it could get to the State Supreme Court.
