What would happen if you committed a felony in a county or area with a very small population?
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  What would happen if you committed a felony in a county or area with a very small population?
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Author Topic: What would happen if you committed a felony in a county or area with a very small population?  (Read 324 times)
The Arizonan
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« on: April 16, 2024, 04:04:24 PM »

What would happen if you committed a felony in such a place and you had a lawyer that could argue that the jury or trial was unconstitutional because of (insert argument here)?
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Horus
Sheliak5
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« Reply #1 on: April 16, 2024, 04:05:51 PM »

Ask John Dutton.
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Stranger in a strange land
strangeland
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« Reply #2 on: April 16, 2024, 04:18:35 PM »

Some very small counties are run from neighboring counties so presumably the trial would be held there, but I’ll defer to any lawyers here.
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Fubart Solman
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« Reply #3 on: April 16, 2024, 04:36:50 PM »
« Edited: April 16, 2024, 04:40:17 PM by Bakersfield Uber Alles »

You might’ve heard of this (and it might be what prompted your post), but if not and “for the benefit and enjoyment of the people”, the part of Yellowstone that is in Idaho is sometimes referred to as Loophole Land or the Zone of Death. A judge shot down this defense, but it didn’t get appealed.
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The Arizonan
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« Reply #4 on: April 16, 2024, 05:13:07 PM »

You might’ve heard of this (and it might be what prompted your post), but if not and “for the benefit and enjoyment of the people”, the part of Yellowstone that is in Idaho is sometimes referred to as Loophole Land or the Zone of Death. A judge shot down this defense, but it didn’t get appealed.

What would happen if he did appeal the case?
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BRTD
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« Reply #5 on: April 16, 2024, 05:17:12 PM »

Here's what Minnesota law says on it, I imagine most states have something similar: https://www.revisor.mn.gov/court_rules/cr/id/24/

Quote
Rule 24.01 Place of Trial
The case must be tried in the county where the offense was committed unless these rules direct otherwise.

Long list of rules with exceptions, or cases where's a choice what county to prosecute in. But then below that we have:
Quote
Rule 24.03 Change of Venue
Subd. 1.Grounds.The case may be transferred to another county:
a. If the court is satisfied that a fair and impartial trial cannot be had in the county in which the case is pending;

b. For the convenience of parties and witnesses;

c. In the interests of justice;

d. As provided by Rule 25.02 governing prejudicial publicity.

Pretty vague wording but it's pretty obvious that this could be used in a case such as this.
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BRTD
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« Reply #6 on: April 16, 2024, 05:24:41 PM »
« Edited: April 16, 2024, 06:25:21 PM by they don't love you like i love you »

You might’ve heard of this (and it might be what prompted your post), but if not and “for the benefit and enjoyment of the people”, the part of Yellowstone that is in Idaho is sometimes referred to as Loophole Land or the Zone of Death. A judge shot down this defense, but it didn’t get appealed.

What would happen if he did appeal the case?
Same thing that happens with any appeals case. I'd be shocked if any court would buy this argument and overturn the decision that he be tried in the District of Wyoming. If this got to SCOTUS, Gorsuch might rule against that, because he has a tendency to rule in the literal wording of things despite the actual implications but he's the only justice on the court I think who would be likely to do so, and I doubt that even he would rule against options like having the feds waive jurisdiction and let Idaho prosecute the defendant, or using a provision in law that lets cases be tried in DC if they don't properly fall under any district or circuit's jurisdiction, it was intended for crimes of piracy or that are committed on waters outside of any state's jurisdiction but could possibly apply here as well.

Here's the actual statute:
Quote from: 18 U.S.C. 3238
The trial of all offenses begun or committed upon the high seas, or elsewhere out of the jurisdiction of any particular State or district, shall be in the district in which the offender, or any one of two or more joint offenders, is arrested or is first brought; but if such offender or offenders are not so arrested or brought into any district, an indictment or information may be filed in the district of the last known residence of the offender or of any one of two or more joint offenders, or if no such residence is known the indictment or information may be filed in the District of Columbia.

So actually DC is a last resort, the trial could just occur in the state/district where the offender was arrested or where they reside.
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Fuzzy Bear Loves Christian Missionaries
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« Reply #7 on: April 17, 2024, 07:36:00 PM »

The average felony criminal defendants takes a plea.  Hopefully, they can plead a charge down to a misdemeanor, or get some kind of status to where you can say, honestly, that you were not "convicted" of a felony.  In Florida, some felonies can go to diversion programs if people don't have a record.  Sometimes they can have a withholding of adjudication, which allows you to say that you're not a convicted felon (and, in Florida, it means that you haven't lost your Civil Rights, including your voting rights).  But it's a plea, one way or another.  Our Criminal Justice System would come to a screeching halt if every defendant demanded a Jury Trial.
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omegascarlet
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« Reply #8 on: April 17, 2024, 08:44:07 PM »

I suddenly feel an urge to avoid Greenlee county at all costs.
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