The Zone of Death: A Legal Loophole in Yellowstone

A Unique Legal Quirk

In Yellowstone National Park’s 50-square-mile Idaho section lies a peculiar area called the Zone of Death. This uninhabited land has a loophole in U.S. law: crimes committed here cannot be tried under constitutional requirements for a jury trial, creating a theoretical gap in prosecution.

Discovery of the Loophole

The issue was uncovered by Michigan State University law professor Brian C. Kalt. While researching the Sixth Amendment, Kalt realized a jury trial in the Zone would be impossible since no residents live in the Idaho section of Yellowstone. He published his findings in a 2005 essay titled “The Perfect Crime.”

Efforts to Fix the Issue

Kalt urged Congress to reassign the Zone to Idaho’s federal district court, which could close the loophole. Despite some attention from lawmakers and a novel highlighting the problem, no action has been taken.

A Curious Case

In 2005, a poacher cited the Zone of Death defense after illegally shooting an elk in Yellowstone’s Montana section. His argument was dismissed, but the loophole remains untested in felonies.

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