March 27th, 2005

The Perfect Crime

The Perfect Crime
Michigan State University College of Law

Georgetown Law Journal, Vol. 93, No. 2, Forthcoming

This article argues that there is a 50-square-mile swath of Idaho in which one can commit felonies with impunity. This is because of the intersection of a poorly drafted statute with a clear but neglected constitutional provision: the Sixth Amendment's Vicinage Clause. Although lesser criminal charges and civil liability still loom, the remaining possibility of criminals going free over a needless technical failure by Congress is difficult to stomach. No criminal defendant has ever broached the subject, let alone faced the numerous (though unconvincing) counterarguments. This shows that vicinage is not taken seriously by lawyers or judges. Still, Congress should close the Idaho loophole, not pretend it does not exist.

Keywords: Juries, Venue, Vicinage,Sixth Amendment, Federal lands, Criminal law, Criminal procedure, Constitutional law

JEL Classifications: k10,k14,k19

Accepted Paper Series

Contact Information for BRIAN C. KALT (Contact Author)

Email address for BRIAN C. KALT
Michigan State University College of Law
Law College Building
East Lansing , MI 48824-1300
United States
517-432-6987 (Phone)
517-432-6879 (Fax)

Suggested Citation

Kalt, Brian C., "The Perfect Crime" . Georgetown Law Journal, Vol. 93, No. 2, Forthcoming
Thanks to Orin Kerr at the Volokh Conspiracy for this

Minicon, Day 2

Saturday March 26, 2005. A sign of spring: first garage sale poster this year. (For the previous day.)

On to Minicon. #23 bus to 38th St light rail station, train to Mall of America, #540 bus to the con hotel. By now I could do it in my sleep. A good thing, because I'd gotten to sleep around 3 AM. (Ironically, I'd left Minicon relatively early on Friday because I was feeling tired.)

***1 PM "Fannish Hoarding... This year we'll take on hoarding behavior (or, as most of us refer to it, collecting), inspired by a recent newspaper article featuring the decluttering of several of our members' houses. Why do we do it? How do we get it under control (assuming we want to, of course)? Barb Jensen (M), Joyce Scrivner, Becca Allen, Magenta Griffith"

I got there late, when the panel was halfway through. Distributed some fliers for the South Minneapolis Clutterers Anonymous meeting.

***3 PM. Rivendell group discussion of the works of Terry Pratchett -- who, not coincidentally, was Author Guest of Honor.

When he entered the room, he asked if perhaps he should leave. I told him he could stay, provided he kept quiet when we discussed the theological implications of his work. [And I think that fulfilled my smartass remark quota for the weekend.]

Within a few minutes, he didn't seem nearly so shy.

***7-9 PM LiveJournal party in cakmpls's room, hosted by her and sraun. mplscorwin provided a whole lot of badges.

Meeting people in person after having read their writing isn't new to me. And finding that they look much different from my mental image of them isn't new either.

In the 1960's, the editor of a Canadian humor semi-prozine showed up at a sf fan gathering in New York City. I had visualized him as having a lean and hungry look.

He was very, very fat.

I wasn't the only one who'd "seen" that man as thin. After he left, John Boardman said -"Never again will I judge someone's appearance from his writing!"-

So with most of the LiveJournalers I hadn't yet met, it was no surprise that they didn't look the way I'd expected them to. But mrssa's usual LJ icon is a good photograph of her -- and I didn't recognize her till I'd read her name badges.

Some attendees didn't have LiveJournals. I explained to one of them that LiveJournal was merely an apa with hourly mailings and postmailings, and a million members. [And I think that overfulfilled my smartass remark quota for the weekend.]
Mail: SASE: The Write Place Spring 2005 newsletter. It includes a profile of Eric Heideman, who among other things runs a series of sf readings co-sponsored by SASE.

Among event listings: "...MOLLY CULLIGAN, poetess extraordinaire and tango dancer. Hear her read, then watch her dance to the Cafe Accordion Orchestra."

Self-help information: Distributed fliers at Minicon.

Decluttering: Got some trash out.