Dan Goodman (dsgood) wrote,
Dan Goodman

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 http://ssrn.com/abstract=691642
Thanks to Orin Kerr at the Volokh Conspiracy for this http://volokh.com/archives/archive_2005_03_20-2005_03_26.shtml#1111857076
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