Bad Country

http://commons.wikimedia.org/wiki/File:Yellowstone_River_in_Hayden_Valley.jpg

Yellowstone National Park doesn’t quite fit in Wyoming — small portions extend into Montana and Idaho. But Congress has placed the legal jurisdiction for the entire park in the District of Wyoming. At the same time, the Sixth Amendment to the U.S. Constitution requires that a jury be “of the State and district wherein the crime shall have been committed.”

Suppose you lure me into the 50 square miles of Yellowstone that lie within Idaho, and suppose you kill me there. The Sixth Amendment requires that the jury be drawn from the state (Idaho) and the district (Wyoming) in which the crime occurred. But the only way to fulfill both those requirements is to draw the jury from the tiny part of Yellowstone that lies in Idaho — and its census population is zero. Without a jury, you can’t be tried. “Assuming that you do not feel like consenting to trial in Cheyenne,” writes Michigan State law professor Brian Kalt, “you should go free.”

“It bears emphasis that the flaw here is really with the District of Wyoming statute, not with the Sixth Amendment,” advises Kalt, whose full paper is here. “The solution is to fix the statute, not eviscerate the Constitution. If we do it quickly enough, no one will get hurt.”

Please don’t actually kill me. (Thanks, Ty.)