
The Perfect Crime, or how to get away with murder in Idaho - bdevine
http://ssrn.com/abstract=691642
======
davismwfl
IANAL, but given there is no statute of limitations on prosecuting most major
felonies like murder. it seems that the legislators would just change the law
after a felony was committed allowing for the prosecution of the crime. At
least from my limited knowledge they have done that in the past to fix issues,
so I am not sure how this would be any different.

I do think it is interesting how the legislating bodies allow this type of
stuff to occur (and not fix it timely), but it seems more a procedural
technicality then a way to get away with anything. In addition, I am sure a
prosecutor would allege the crime originated outside the jurisdiction giving
the place where the "thought" or "plan" occurred jurisdiction to prosecute.
And in the end it would be heard by a jury in that jurisdiction and regardless
of the truth they would get their conviction.

This is a great story to tell (as the book written from it likely does) but no
one would likely get away with a major crime if they were caught just because
it occurred in this area. Petty crimes, I bet would go unnoticed and never be
brought to a hearing because of the quagmire, but not a major felony.

------
bdevine
From the 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."

Mods: The title "The Perfect Crime" seemed insufficiently descriptive, so I
took the liberty of augmenting the title.

