It’s been two decades since the “Zone of Death” at Yellowstone National Park was discovered. Brian Kalt, a Michigan State University law professor published research in 2005, theorizing that all crime in the 50-mile section of Yellowstone that sits in Idaho can’t be prosecuted. That’s because when Congress designated the park’s borders in 1872, Yellowstone became one of the few federal parks that fall exclusively under the federal government’s jurisdiction, meaning the states are powerless to prosecute crimes. According to the Sixth Amendment, alleged criminals are entitled to a trial by jury, comprised of residents who live in the district where the crime was committed. Since no humans live in the 50-mile section of Yellowstone, any trial for a crime committed there would violate the defendant’s Sixth Amendment rights. When Professor Kalt published The Perfect Crime, it was to raise awareness among lawmakers about a potential legal loophole — one that has yet to be closed. Some have argued that if a crime were to be committed in the "Zone of Death," the court could request a change of venue to fill a jury. However, Kalt noted that under the Sixth Amendment, only the defendant can request to change the trial's location, and it’s unlikely that any defendant would do that. Kalt wrote to the Department of Justice and the U.S. Attorney, but the U.S. Attorney responded that they didn’t have the power to amend the law, and the Department of Justice ignored the message. Finally, in 2022, a representative from Idaho, Colin Nash, sponsored a House resolution to close the legal loophole. The resolution passed, but Congress never moved forward on voting to make the bill a law. Kalt says he doesn’t see anything changing until a defendant uses the loophole to get away with a crime.
