When a professor in early 2000 was bored and looking through the US constitution and Law he stumbled upon this loophole he couldn’t believe it. The loophole takes place on the corner of the State of Idaho in a park called Yellowstone. Although the professor found this loophole some years ago it wasn’t very well publicised and only recently in a documentary and film Population Zero set on this loophole, has it really came to the masses attention.
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The loophole in US law may allow people to get away with any major crime within a 50-square mile now nicknamed “zone of death” in eastern Idaho, according to a Michigan law professor, Professor Kalt. This lawless oasis is said to exist on the edge of Yellowstone National Park because of a poorly drafted statute in the Sixth Amendment to the US Constitution. Criminals are entitled to be tried by a jury drawn from the state and legal district they committed their crime in, the constitution says. while Yellowstone comes entirely under the district of Wyoming, small parts of it spill into the states of Montana and Idaho, Say that you are in the Idaho portion of Yellowstone and you decide to spice up your vacation by going on a crime spree, You make some moonshine, you poach some wildlife, you strangle some people and steal their picnic baskets. You are arrested, arraigned in the park and bound over for trial in Cheyenne, Wyoming, before a jury drawn from the Cheyenne area. But Article III [Section 2] plainly requires that the trial be held in Idaho, the state in which the crime was committed, if you fuss convincingly enough about it the case would be sent to Idaho. But the Sixth Amendment then requires that the jury be from the state – Idaho – and the district – Wyoming – in which the crime was committed. In other words, the jury would have to be drawn from the Idaho portion of Yellowstone which, according to the last Census has a population of precisely zero. Assuming that you do not feel like consenting to trial in Cheyenne, you should go free.
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So professor Kalt has found a massive red flag, Kalt knew that Article III of the Constitution requires federal criminal trials to be held in the state in which the crime was committed. And the Sixth Amendment entitles a federal criminal defendant to a trial by jurors living in the state and district where the crime was committed. But if someone committed a crime in the uninhabited Idaho portion of Yellowstone, Kalt said it would be impossible to form a jury. And being federal land, the state would have no jurisdiction. Here was a clear constitutional provision enabling criminal immunity in 50 square miles of America’s oldest national park. There are other factors for example the crime must happen wholly in this area and not be pre planned in another state or area as then that would lead to a conspiracy charge and technically the crime must be serious enough to make a jury needed as you can be fined and suspended sentences for lesser crimes in the park.
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Kalt as soon as finding this wrote to the State and the Department of Justice and the Government on this, He hoped they would close the loophole. It would be a simple fix, Kalt wrote, for Congress to divide Yellowstone into three federal districts—the Idaho portion going to Idaho, the Montana portion to Montana, and the Wyoming portion to Wyoming. He even drafted the legislation language. It was three lines long. But Kalt barely got a response. It seemed no one intended to do a thing. No-one gave him the time of day and didn’t want to rewrite and law.
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The Bottom Line,……..
It is so unreal no one has actually bothered taking this professor seriously and if anyone ever suggests going to that part of Yellowstone Park RUN AWAY immediately. It is amazing what you find when looking through old law books for the history of ones criminal and Constitutional systems.
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