[Vision2020] Your Own Private Crime Spree
David M. Budge
dave at davebudge.com
Tue May 10 08:41:07 PDT 2005
Want to Commit a Crime? <http://davebudge.com/?p=370>
May 10th, 2005
Go to Idaho.
From the Social Science Research Network
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=691642>:
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.
So have at 'er. But you should download the paper. You'll need it for
your defense.
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