SSRN Home Search and Download Papers Browse Abstract and Paper Submission Subscribe to Networks View Briefcase Top Papers Top Authors Top Institutions

 

Abstract

 
 

Footnotes (70)

Beta

 


 



The Perfect Crime

Brian C. Kalt
Michigan State University College of Law



MSU Legal Studies Research Paper No. 02-14

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.

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

JEL Classifications: K10, K14, K19

Accepted Paper Series

Date posted: March 25, 2005 ; Last revised: December 26, 2007

Suggested Citation

Kalt, Brian C., The Perfect Crime. Georgetown Law Journal, Vol. 93, No. 2. Available at SSRN: http://ssrn.com/abstract=691642


Export to: Export Citation What's this?

Contact Information

Brian C. Kalt (Contact Author)
Michigan State University College of Law ( email )
318 Law College Building
East Lansing, MI 48824-1300
United States
517-432-6987 (Phone)
517-432-6879 (Fax)
Feedback to SSRN (Beta)


Paper statistics
Abstract Views: 22,547
Downloads: 4,384
Download Rank: 345
Footnotes: 70

© 2010 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright
This page was served by apollo1 in 0.141 seconds.