People can Technically Get Away With Murder in This Part of Yellowstone But There's More to it

In 2005, Michigan State Law professor Brian Kalt used the phrase "zone of death" to describe a legal loophole that could force the government to drop charges against someone who committed crimes in a 50-square-mile area in Yellowstone National Park, that falls in the state of Idaho. In 2022 a lawmaker Rep. Colin Nash called for a solution to plug the loophole that could even allow someone to get away with murder. Recently, an Instagram account called @DidYouKnowBlog highlighted this issue, and the post garnered over 10,000 likes, sparking wild theories and speculation.

The post claimed, "If you committed a crime within the zone, there could be no jury because nobody lived there. A trial would be impossible, and therefore, you could not be convicted."

Knewz.com noted that a person charged with a crime has to be tried by a jury consisting of their peers selected from the district and state where the crime has been committed. But according to Kalt's theory, this is not possible in the Idaho portion of Yellowstone, since only wild animals inhabit that area, and they can't be called for jury duty.

In his paper " The Yellowstone Loophole ," Kalt argued that this legal issue was meant to highlight the need for Congressional action, not to encourage crime. Following Kalt's lead, Rep. Nash led an effort to ask Congress to close this loophole. Nash added that while no crime that he knows of has been committed there so far, he often thinks of Kalt's theory whenever he learns about a high profile disappearance.

Nash told the House Judiciary, Rules, and Administration Committee, "This joint memorial asked Congress to fix this legal loophole and place the 50-square-mile section of Yellowstone in the federal judicial district of Idaho so we could maintain jurisdiction and seat a constitutionally legitimate jury for crimes committed in that part of the park." He added, "No crimes had gone unprosecuted that I knew of, but every time there was a high-profile disappearance in this area, like the two the previous year, it made me think about this issue."

One case discussed in The Experiment Podcast from 2005 involved Mike Belderrain, who had illegally shot an elk in the Montana part of Yellowstone. His defense lawyer used Kalt's theory to argue that the jury should have been from Montana. The judge rejected this request, ruling that trials for crimes in the "zone of death" would be held in Wyoming.

Despite his efforts, Belderrain received a four-year sentence instead of the seven years he might have faced if the case had gone to trial. He also agreed to a plea deal, accepting that he would not challenge the case based on the legal loophole.

Although Yellowstone stretched into three states, the federal government gave jurisdiction over the entire park to the District of Wyoming. According to Kalt, this created a problem because the Sixth Amendment required jurors to be from both the state and district where the crime occurred. Kalt's paper noted that serious crimes carrying sentences of more than six months guaranteed the right to a jury trial, while minor offenses like traffic violations did not. However, victims could still file civil suits regardless of the criminal trial.

Nash's memorial urged Congress to change the law for at least the Idaho portion of Yellowstone. Nash told the committee per CBS News , "We could try our darnedest." The committee agreed to recommend that the full House of Representatives approve the resolution.