Posted by Orin Kerr:
Fun, Entertaining, Clever, and Short:
Believe it or not, that's a description of a forthcoming law review
article. Yes, a law review article. Check out [1]The Perfect Crime, by
law prof Brian C. Kalt, forthcoming in the Georgetown Law Journal. It
clocks in at 22 amusing double-spaced pages, and raises an interesting
set of questions about a possible gap between constitutional and
statutory protections in Yellowstone National Park that may allow
someone to commit "the perfect crime." Whether you agree or disagree
with the argument, it's a very good read. Here is the introduction:
You may have daydreamed about it: some forgotten constitutional
provision, combined with an obscure statute, that together make it
possible for people in the know to commit crimes with impunity.
Whether you were looking for opportunities to commit crimes or
afraid that somebody else was, the possibility of a constitutional
�perfect crime� was too compelling to ignore. This Essay represents
the fruits of my own daydreams, combined with the fact that lately
I have spent my lucid moments mulling over one particular forgotten
constitutional provision: the Sixth Amendment�s vicinage
requirement.
The courts may or may not agree that my loophole exists, and in
any case this Essay is not intended to inspire anyone to go out and
commit crimes. Crime is bad, after all. But so is violating the
Constitution. If the loophole described in this Essay does exist it
should be closed, not ignored.
You can dowload the paper [2]here.
References
1. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=691642
2. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=691642
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