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Univ. of San Diego School of Law

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Wednesday, March 30, 2005

New Article Spotlight: The Perfect Crime

Kalt_head Brian Kalt of Michigan State has posted The Perfect Crime, forthcoming in the Georgetown Law Journal, on SSRN.  Here's 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. 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.

To obtain the paper, click here.  [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2005/03/new_article_spo_8.html

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