- Jun 9, 2002
- 9,535
- 0
From Opinion Journal :nod:
Our Own Private Idaho
Blogger Orin Kerr calls our attention to a law review article by Brian Kalt, who points out that U.S. law provides a way to get away with murder (or any other crime): Do it it the Idaho portion of Yellowstone National Park.
This is possible, according to Kalt, because of an oddity in the federal courts' jurisdiction: Yellowstone is under federal jurisdiction, which means state law does not apply. An 1894 law defines the federal District of Wyoming as including the whole park, including the portions in Idaho and Montana, which means that any crime committed within the park would be tried in federal district court in Wyoming.
But here's the rub: The Sixth Amendment stipulates that a jury in a federal trial must be "of the State and district wherein the crime shall have been committed." That means that if you commit a crime in the Idaho portion of Yellowstone, the jury must consist of people who live in both Idaho and the Wyoming District, which is to say, the Idaho portion of Yellowstone, whose population is zero. Thus if you insist on a jury trial, which is your constitutional right, the government will be unable to try you. (The Montana portion of the park has an adult population of 41, making it at least theoretically possible to assemble a jury for a crime committed there.)
Going on a killing spree in the Idaho portion of Yellowstone may be easier said than done, though. After all, the population is zero, so who would you kill? This rules out lots of other crimes, too. There are no houses to burgle, and we're pretty sure there are no liquor stores to rob.
If your ambition is to commit the perfect crime, then, best to set your sights lower. How about this: Load your pickup truck full of mattresses and drive to the Idaho corner of Yellowstone, where you can rip the tags off and the feds can never touch you.
:rotfl:
Our Own Private Idaho
Blogger Orin Kerr calls our attention to a law review article by Brian Kalt, who points out that U.S. law provides a way to get away with murder (or any other crime): Do it it the Idaho portion of Yellowstone National Park.
This is possible, according to Kalt, because of an oddity in the federal courts' jurisdiction: Yellowstone is under federal jurisdiction, which means state law does not apply. An 1894 law defines the federal District of Wyoming as including the whole park, including the portions in Idaho and Montana, which means that any crime committed within the park would be tried in federal district court in Wyoming.
But here's the rub: The Sixth Amendment stipulates that a jury in a federal trial must be "of the State and district wherein the crime shall have been committed." That means that if you commit a crime in the Idaho portion of Yellowstone, the jury must consist of people who live in both Idaho and the Wyoming District, which is to say, the Idaho portion of Yellowstone, whose population is zero. Thus if you insist on a jury trial, which is your constitutional right, the government will be unable to try you. (The Montana portion of the park has an adult population of 41, making it at least theoretically possible to assemble a jury for a crime committed there.)
Going on a killing spree in the Idaho portion of Yellowstone may be easier said than done, though. After all, the population is zero, so who would you kill? This rules out lots of other crimes, too. There are no houses to burgle, and we're pretty sure there are no liquor stores to rob.
If your ambition is to commit the perfect crime, then, best to set your sights lower. How about this: Load your pickup truck full of mattresses and drive to the Idaho corner of Yellowstone, where you can rip the tags off and the feds can never touch you.
:rotfl:
