464 THE ADVOCATE
VOL. 76 PART 3 MAY 2018
with profundity.10 Moreover, Kalt acknowledges that the loophole—if it
exists as theorized—is not foolproof. For example, authorities could still
charge our hypothetical killer with a lesser offence that is not accompanied
by a right to a jury, and if any part of the crime was committed outside “The
Zone of Death”, then the individual could be charged with conspiracy in the
locale in which the preparatory acts were committed. In addition, civil liability
would remain a potential consequence.
Several proposals for closing the loophole have been offered, the simplest
being the redrawing of district lines, but Congress has taken no action. It
would appear, Kalt remarks, that Congress has other priorities. Or perhaps
Congress is not persuaded that the loophole exists in the first place.
Yellowstone, it would appear, may be breathtaking in more than one way.
1. The Random House Dictionary of the English Language
(New York: Random House, 1973).
3. See Douglas Harper, “Loophole”, Online Etymology
Dictionary, online: <www.etymonline.com/index.
4. Black’s Law Dictionary, 6th ed (St Paul: West, 1991).
5. The story of this loophole is summarized in Dylan
Matthews, “Yellowstone Has a 50 Square Mile ‘Zone
of Death’ Where You Can Get Away with Murder”,
Vox (29 October 2016), online: <www.vox.com/
6. See Yellowstone National Park, Yellowstone Sources
and Issues Handbook (2017) at v, online: <www.nps.
7. Brian C Kalt, “The Perfect Crime” (2005) 93 Georgetown
Law Journal 675.
8. Ibid at 675, citing An Act for Trial of Murders and
Felonies Committed in Several Counties (UK), 2 & 3
Edw 6, c 24 (1548).
9. Kalt, supra note 7 at 675.