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Yeah, I saw that too. I guess I have no idea what it means to be "under the sole and exclusive jurisdiction of the United States." I wonder if that clause (or a

Yeah, I saw that too. I guess I have no idea what it means to be "under the sole and exclusive jurisdiction of the United States." I wonder if that clause (or anything like it) has ever really been litigated.

ghaff 10y ago
I think it's probably one of those weirdo cases that makes for good movies and books but, in practice, you get arrested and the judge laughs at your creative defense and orders you remanded without bail. (And it's not even wrong because law != code.)
- aetherson 10y ago
  I mean... maybe. Judges do have a certain amount of discretion and ability to interpret. But they are also supposed to stay within the law, and not just go to "well, this seems like the right thing to do." If a Judge wanted to ignore this and seat a jury from... where? Somewhere else in Idaho? Then they'd probably at least need to advance a theory for why they got to do that in their response to your motion. Now, as others have pointed out, unless you could plausibly assert that the crime was wholly and totally contained within the zone of death, and you didn't plan it outside the area or purchase items with the intent to use them in the crime or so forth, there is existing precedent to use that place as a venue for the crime. But we're talking about a Constitutional right in terms of jury seating. Judges don't get to just wave their hands and say, "Well, the Constitution is dumb, so we won't do that." If they do, it's likely to get overturned on appeal. (I am not a lawyer; this is not legal advice; don't commit felonies)
protomyth 10y ago
https://www.justice.gov/usao-wy/criminal-division/violations-yellowstone-and-grand-teton-national-parks-and-other-federal-enclaves https://www.justice.gov/usao-wy/criminal-division/violations... Its a federal enclave and you get charged under federal law in the closest federal court. Other than federal enclaves, if you are not a tribal member a lot of crimes on reservations are handled by the federal court system. You get to deal with Federal Marshals and the FBI.

ghaff 10y ago

I think it's probably one of those weirdo cases that makes for good movies and books but, in practice, you get arrested and the judge laughs at your creative defense and orders you remanded without bail. (And it's not even wrong because law != code.)

aetherson 10y ago
I mean... maybe. Judges do have a certain amount of discretion and ability to interpret. But they are also supposed to stay within the law, and not just go to "well, this seems like the right thing to do." If a Judge wanted to ignore this and seat a jury from... where? Somewhere else in Idaho? Then they'd probably at least need to advance a theory for why they got to do that in their response to your motion. Now, as others have pointed out, unless you could plausibly assert that the crime was wholly and totally contained within the zone of death, and you didn't plan it outside the area or purchase items with the intent to use them in the crime or so forth, there is existing precedent to use that place as a venue for the crime. But we're talking about a Constitutional right in terms of jury seating. Judges don't get to just wave their hands and say, "Well, the Constitution is dumb, so we won't do that." If they do, it's likely to get overturned on appeal. (I am not a lawyer; this is not legal advice; don't commit felonies)

protomyth 10y ago

https://www.justice.gov/usao-wy/criminal-division/violations-yellowstone-and-grand-teton-national-parks-and-other-federal-enclaves https://www.justice.gov/usao-wy/criminal-division/violations... Its a federal enclave and you get charged under federal law in the closest federal court. Other than federal enclaves, if you are not a tribal member a lot of crimes on reservations are handled by the federal court system. You get to deal with Federal Marshals and the FBI.