The Idaho "Death Zone", where one can't be tried for any crime

[they don't love you like i love you]

http://www.vox.com/2014/5/22/5738756/you-can-kill-someone-in-a-section-of-yellowstone-and-get-away-scot

Interesting article. Apparently it would be impossible to try someone for any crime, even murder, if committed in the part of Yellowstone National Park that is in Idaho.

[Antonio the Sixth]

This is kind of hilarious.

[The world will shine with light in our nightmare]

I guess the Free Staters should have moved there.

[Middle-aged Europe]

Why not make all crimes legal state-wide for a 24-hour period once a year?? Oh, wait....

[dead0man]

You're welcome to go see if this would work.


Big Hint-it won't!


Federal prosecutors can chose which court to prosecute you in, it doesn't have to be in yours or where the crime took place.  This is just like one of those dumb laws list...."it's illegal to put diapers on your camel in Phoenix on Sundays before dawn".  Technically it might be true, but in reality it's not true at all.

[The world will shine with light in our nightmare]

I showed this to a friend and he basically said you would have to actually move to that area in order to commit the crime without being prosecuted, but dead0 is probably right.

Kind of a shame really, because I have quite a list of people I'd love to have join me here for a small "hunting" trip...

[they don't love you like i love you]

Federal prosecutors can chose which court to prosecute you in, it doesn't have to be in yours or where the crime took place.

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There's a bit of a precedent from when a guy was charged with illegally shooting an elk in the Montana part: http://billingsgazette.com/news/state-and-regional/wyoming/yellowstone-no-man-s-land-leaves-jurisdiction-question/article_f4caad4c-fd01-5e78-b2d9-1a0cf37b4855.html

The judge dismissed this argument but couldn't really explain why. the case could've gone to an appeal where a court would have to rule on that but he took a plea deal prior. Leaving this still an awkwardly unanswered question.

[SteveRogers]

You're welcome to go see if this would work.


Big Hint-it won't!


Federal prosecutors can chose which court to prosecute you in, it doesn't have to be in yours or where the crime took place.  This is just like one of those dumb laws list...."it's illegal to put diapers on your camel in Phoenix on Sundays before dawn".  Technically it might be true, but in reality it's not true at all.

That's not really true. As already pointed out, the 6th Amendment requires prosecution in "the district wherein the crime shall have been committed, which district shall have been previously ascertained by law." Under current law, that means the federal district lines are controlling. Additionally, under the Federal Rules of Criminal Procedure:

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So no, a federal prosecutor cannot choose to prosecute you in just any old district they choose. Now, depending on the crime there may potentially be multiple districts to choose from. Maybe you killed a guy in the District of Wyoming, but you probably conspired to kill him in the District of Idaho. 

I'd never heard of this "Death Zone" before, but from what I know of criminal procedure, it does sound like an actual real problem. 

[MASHED POTATOES. VOTE!]

Oh yeah, another great "discovery"

Remember those fools claiming you can do everything while on international waters?

[SteveRogers]

Oh yeah, another great "discovery"

Remember those fools claiming you can do everything while on international waters?

I too have a hard time believing that you'd literally be able to get away with murder in this "death zone," and yet I haven't actually seen anyone state what the workaround would be.

[they don't love you like i love you]

The most likely one would be charging the killer with conspiracy to murder in a different district.

[Atlas Has Shrugged]

You're welcome to go see if this would work.


Big Hint-it won't!


Federal prosecutors can chose which court to prosecute you in, it doesn't have to be in yours or where the crime took place.  This is just like one of those dumb laws list...."it's illegal to put diapers on your camel in Phoenix on Sundays before dawn".  Technically it might be true, but in reality it's not true at all.

In WV it's illegal to leave your home with no destination in mind.

[RI]

The most likely one would be charging the killer with conspiracy to murder in a different district.

If they didn't involve a second person, there's no conspiracy in play.

[SteveRogers]

The most likely one would be charging the killer with conspiracy to murder in a different district.

If they didn't involve a second person, there's no conspiracy in play.

This ^^^.

Plus IIRC a federal conspiracy charge in most cases only carries a maximum penalty of 5 years. Pretty light for, you know, murder.

[True Federalist (진정한 연방 주의자)]

Murder is a state offense.  There's nothing that would prohibit the Feds from waving jurisdiction and letting Idaho prosecute a murderer.  Furthermore, there's this:

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Clearly an area where it is impossible to follow the rule of the Sixth Amendment is outside of jurisdiction any particular State or district and thus would be assigned by that statute.