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Jared Lee Loughner's eventual trial is expected to center around the jury's deliberation of whether or not Loughner was able to differentiate between right and wrong as he allegedly forced 31 bullets to blast out of his handgun.

Loughner hasn't even been indicted or formally arraigned, yet there's growing speculation about where a trial could take place and the plea he could use to stave a possible death penalty.

Where Will Loughner's Trial Be Held?

Judge Larry A. Burns of San Diego's federal court was appointed to oversee the USA v. Jared Lee Loughner case after all of Arizona's federal judges recused themselves because of their working relationships with Chief Judge John Roll, whom Loughner is accused of shooting to death.

The Justice Department has vowed to keep the case in Arizona while Loughner's attorneys could file a motion as early as this week to move the case to San Diego. The process of moving the case could go on until the fall, notes the Atlantic's Andrew Cohen.

Traditionally, change of venues have been used to move a case somewhere where there hasn't been as much pre-trial media coverage, said Marjorie Cohn, a professor at the Thomas Jefferson School of Law in San Diego and co-author of Cameras in The Courtroom: Television and the Pursuit of Justice. Loughner's face, however, was consistently plastered across American newspapers, television channels and websites for more than a week.

“You might recall that the Oklahoma City bombing case was transferred to Denver,” University of California, Irvine law school dean Erwin Chemerinsky said in an e-mail. “The reason is not publicity – the shootings received extensive national publicity. Rather, it would be easier to find a jury that didn’t have connections to the victim.”

Why Does The Site Of The Trial Matter?

Moving the case to San Diego would allow federal prosecutors to avoid a likely post-trial appeal from Loughner's attorneys that his right to a fair trial was deprived by holding the trial in the emotionally-charged environment of post-shooting Arizona, said David Steinberg, also a professor at the Thomas Jefferson School of Law. A successful appeal would launch a new trial.

Keeping the case in Arizona would make it easier for witnesses and victims' families who want to be at the trial to be present. An Arizona trial would also make it easier for vigilantes to seek their own violent form of justice.

Arizona's new chief judge, Roslyn O. Silver, would normally be the one to decide where the case will be tried. But like all the other federal judges in Arizona, she already removed herself from being involved in the case. That leaves the possible venue decision in Burns' hands.

Steinberg said it's possible Burns could order the trial to begin in Arizona, and then should defense attorneys find that there's not enough unbiased potential jurors during jury selection, he could move the case to his home court in San Diego.

"The judge would control the scope of questioning allowed of jurors during jury selection," said in an e-mail Laurence Benner, the managing director of the Criminal Justice Program at the California Western School of Law. "Another issue is whether the defendant would be allowed to raise in insanity defense. Much of the material I have seen seems to indicate that this defendant was someone who fell through the cracks and did not get the mental health treatment he should have. Whether he is legally insane or not that may cut against the death penalty in this case."

Burns is known to move cases along, according to Cohn, but his timeline on this major case could depend on how long the media circus surrounding Loughner's past survives. The high-profile nature of the case could lead to a longer trial because of the skill of Loughner's defense team.

Will The Jury Buy A Mental Insanity Defense?

Right off the top Cohn says, “It's really, really difficult to prove an insanity defense even if there is a plethora of evidence of mental illness as there is here.”

To prove insanity, prosecutors must show either:

• Loughner was unable to understand the nature and character of his actions. For example, he thought he was killing an orange instead of a person, says Cohn. Or he thought he was holding carrot instead of gun, says Steinberg. Proving this level of mental instability will be near impossible, so the focus will be on a second test.

• Loughner was unable to determine between right and wrong.

“There's a temptation on part of the media and viewers to jump to conclusions,” Cohn said. “Only the judge will decide what the jury will hear and only the jurors will hear all the evidence.”

If Loughner is convicted, he would most likely either serve the rest of his life in prison or be sentenced to death.

If he's found not guilty by reason of insanity, he would likely head to a mental health facility for life.

The average annual cost for incarcerating a federal inmate is nearly $30,000. It's unclear how much extra it costs to care for someone declared mentally ill.

Cohn said she could not imagine the trial would be televised while Steinberg said he would be shocked if such an easy case for the prosecution were settled before trial. He added that a state-level trial or civil proceedings are unlikely if Loughner receives a maximum sentence as a result of the federal trial.

What Effect Will A Trial Have On The Gun Control Debate?

Steinberg said this case will continue to provide ammunition for years to come for those advocating for stronger restrictions on the sale of guns.

“If he was unable to get his hand on a gun, people who are dead would still be alive today,” Steinberg said.

Chemerinsky said he would hope that the Loughner case might lead to greater restrictions on semi-automatic and automatic weapons.

“I think that would be upheld, but the question is whether there is the political will do this,” he said.

Rep. Carolyn McCarthy (D-NY) introduced Tuesday a bill that would ban high-capacity clips.

Cohn said it's unfortunate the debate about the right to bear arms is driven by ideology rather than the safety of Americans.

She also pushed for some sympathy to be expressed for the mentally ill.

“I hope this case leads to more compassion and care for the mentally ill, not isolation and vilification, because they are among the most discriminated groups in the country,” she said.

A preliminary hearing in the Loughner trial is set for Monday.

Reach executive producer Paresh Dave here. Follow him on Twitter: @peard33.