Yellowstone National Park sign at the North Entrance; Jim Peaco; October 1992


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There’s a 50 square mile section of land in Idaho where a murderer could get away scot free.

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Yellowstone National Park contains a 50-square mile “zone of death” where, legal scholars suggest, a person could commit murder without fear of prosecution. This zone is the part of the park that extends into Idaho.

The reason for this free-pass-for-murder lies with the Sixth Amendment which guarantees a defendant the right to a trial by a jury “of the state and district wherein the crime shall have been committed.” The zone is in the State of Idaho, but because of the unique legal status of Yellowstone, it’s in the judicial District of Wyoming. Therefore, to prosecute anyone a court would need to form a jury of people who live simultaneously in the State of Idaho and the District of Wyoming, and no one fits that bill because no one lives in the Idaho part of Yellowstone. Without being able to create a jury, a trial couldn’t proceed.

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A similar zone exists in the part of Yellowstone that extends into Montana. However, a few people live there, so a jury could, in theory, be formed from its residents.

This legal loophole was first pointed out in 2005 by Brian Kalt, a professor at Michigan State Law School, in an article published in the Georgetown Law Journal. Kalt urged Congress to pass legislation to fix the loophole before someone tested the loophole by committing murder in the death zone. The simplest fix, he proposed, would be to change the district lines so that the part of Yellowstone in Idaho would be included in the District of Idaho.