Wednesday, March 30, 2005

Road Trip!!!!

From the folks at CrimProf Blog:

Brian Kalt of Michigan State has posted The Perfect Crime, forthcoming in the Georgetown Law Journal, on SSRN. Here's the abstract:

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. To obtain the paper, click here. [Mark Godsey]

Ruh roh. Unless you want to commit felonies, I suggest you not hang out in that swath for too long. I picture a dusty "Old West" town where anything goes. Can you imagine what people would do if they knew you could commit all the felonies you wanted? I would probably walk around with a "shobi-zue" because that is a cool felony that doesn't hurt anyone.


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