Posted by: captainfalcon | January 29, 2012

The Perfect Crime

My friend showed me this paper. It says that Yellowstone is exclusively governed by federal law, meaning no state’s criminal laws — not Wyoming’s, not Idaho’s, not Montana’s — apply there. All of Yellowstone is in the District of Wyoming; Part of Yellowstone is in Idaho. The Sixth Amendment’s Vicinage Clause provides that juries must be “of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.” As of the 2000 census, nobody lives in the Idaho part of Yellowstone. The upshot is that for every crime committed in Idaho-Yellowstone for which the defendant has a right to trial by jury that he declines to waive, any trial necessarily violates the Sixth Amendment. As the defendant cannot be tried, he must be set free.

Then, somehow, the paper goes on for twenty more pages.


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