vanfullofretards Posted January 29, 2013 Share Posted January 29, 2013 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. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=691642 Bread and butter of their argument: "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.21 But Article III, Section 2 plainly requires that the trial be held in Idaho, the state in which the crime was committed. Perhaps 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 National Park, which, according to the 2000 Census, has a population of precisely zero.22 (The Montana portion—should you choose torampage there—has an adult population of a few dozen, which might nevertheless present Sixth Amendment problems as well.23) The Constitution entitles you to a jury trial and an impartial jury of inhabitants of the state and district where the crime was committed. The U.S. Code steps on the rusty nail; it makes it impossible to satisfy both provisions in the case of the Yellowstone State-Line Strangler. Assuming that you do not feel like consenting to trial in Cheyenne, you should go free. Download and read (!!!) the whole paper if you're about to criticize. The absurdity of this does not make it untrue. Quote Link to comment Share on other sites More sharing options...
Fist 666 Posted January 29, 2013 Share Posted January 29, 2013 negroesdancinglikeapes.gif Quote Link to comment Share on other sites More sharing options...
Realism Posted January 29, 2013 Share Posted January 29, 2013 YOUR LIL NIGGAS IS DIRTY MINES IS ZERO DARK THIRTY MINE IS NIGHT VISION WITCH HUNT RIDE FOR PAC WORTHY (WOO!) I'M COKE BOY LEANIN ON YOU NIGGAS IF MONEY TALK THEN I MUST BE SCREAMIN ON YOU NIGGAS Quote Link to comment Share on other sites More sharing options...
Crocodile Tears Posted January 30, 2013 Share Posted January 30, 2013 Quote Link to comment Share on other sites More sharing options...
Drue_Down Posted January 30, 2013 Share Posted January 30, 2013 I don't care if I had the opportunity to shoot that pink-haired idol judge in the face with buckshot, there is no way I'd ever set foot in that region of the country. Quote Link to comment Share on other sites More sharing options...
Fist 666 Posted January 30, 2013 Share Posted January 30, 2013 i would pay to shoot niki minaj with bird shot til the died. Quote Link to comment Share on other sites More sharing options...
vanfullofretards Posted January 30, 2013 Author Share Posted January 30, 2013 I don't care if I had the opportunity to shoot that pink-haired idol judge in the face with buckshot, there is no way I'd ever set foot in that region of the country. You would never go to Yellowstone National Park? Quote Link to comment Share on other sites More sharing options...
RIPS Posted January 30, 2013 Share Posted January 30, 2013 Quote Link to comment Share on other sites More sharing options...
Cool_Hand Posted January 30, 2013 Share Posted January 30, 2013 those titties aint retarded. Quote Link to comment Share on other sites More sharing options...
Realism Posted January 30, 2013 Share Posted January 30, 2013 Small and real over huge and fake any day. Quote Link to comment Share on other sites More sharing options...
Cool_Hand Posted January 30, 2013 Share Posted January 30, 2013 I agree completely...however. . . before I wanted her dead or whatever, there would be some wood rapery. Quote Link to comment Share on other sites More sharing options...
shai Posted January 30, 2013 Share Posted January 30, 2013 One of my friends beat a shoplifting case by demanding a jury trial. The store offered him a few deals and he kept turning them down, and it finally dawned on them that he had every intention of making them spend thousands of dollars on court fees over twenty bucks worth of merchandise. Loopholes notwithstanding, one of my rules of thumb is to be on my best behavior when I'm on federal property of any kind. I was hiking in the GGNRA a few years ago and got searched by a couple of bored park cops for no apparent reason...when I told them I wouldn't consent to a search without probable cause they more or less said "You look weird and there's kids around." Huh, can't argue with that kind of logic. At least they didn't arrest me for obstruction of justice. Quote Link to comment Share on other sites More sharing options...
Drue_Down Posted January 30, 2013 Share Posted January 30, 2013 "You look weird and there's kids around." there's your new sig Quote Link to comment Share on other sites More sharing options...
theprotester Posted January 30, 2013 Share Posted January 30, 2013 Hahaha. Quote Link to comment Share on other sites More sharing options...
shai Posted January 31, 2013 Share Posted January 31, 2013 The next time I go hiking there I'm going to wear a t-shirt that has the text of the Fourth Amendment printed on it...you know, just in case they need a gentle reminder. Quote Link to comment Share on other sites More sharing options...
Illuminati Posted February 1, 2013 Share Posted February 1, 2013 Sounds like an interesting read might get around to it when I am not so tired. Quote Link to comment Share on other sites More sharing options...
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