# I can murder someone in Yellowstone and I can't be tried for it? **URL:** \ **Category:** Factual Questions\ **Created:** [March 8, 2017, 5:15am UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678 "2017-03-08T05:15:18Z")\ **Posts on this page:** 10\ **Page:** 9
**Author:** ![eschereal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschereal/32/18939_2.png) [@eschereal](https://boards.straightdope.com/u/eschereal)\ **Post date:** [March 17, 2017, 2:23pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/161 "2017-03-17T14:23:37Z")
I would think that a suspect against whom there is sufficient evidence to be indicted could be held in custody for trial; it would then be up to the prosecutor and the defense to negotiate the venue, which means the suspect would remain in custody until an agreement on venue could be reached. If the defense drags out the negotiation, they have ceded the right to a speedy trial, but if they agree on a venue, that issue is settled and not subject to appeal. If the prosecutor unilaterally declares the venue, then that might be appealable, so the prosecutor should involve the defense in a negotiation, in order to close that avenue for appeal. Not that I know anything about law. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 17, 2017, 2:35pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/162 "2017-03-17T14:35:16Z")
It shows. šŸ˜‰ You canā€™t hold someone while ā€œnegotiating venue.ā€ You need a venue before you can file charges in the first place. ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [March 17, 2017, 2:40pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/163 "2017-03-17T14:40:16Z")
Heā€™s becoming a typical American. IOW ā€œSince the suspect is assumed to be guilty, just lock him up until we get around to holding the sham trial. Then execute his guilty ass. Sounds fine to me.ā€ :eek: :smack: Itā€™ll take a century or more to recover from our descent into police statism since 2001. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [March 17, 2017, 2:42pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/164 "2017-03-17T14:42:02Z")
> [@eschereal](#): > > I would think that a suspect against whom there is sufficient evidence to be indicted could be held in custody for trial; it would then be up to the prosecutor and the defense to negotiate the venue, which means the suspect would remain in custody until an agreement on venue could be reached. If the defense drags out the negotiation, they have ceded the right to a speedy trial, but if they agree on a venue, that issue is settled and not subject to appeal. If the prosecutor unilaterally declares the venue, then that might be appealable, so the prosecutor should involve the defense in a negotiation, in order to close that avenue for appeal. > > Not that I know anything about law. So where did the grand jury come from ā€“ the one that indicted him? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 17, 2017, 2:43pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/165 "2017-03-17T14:43:54Z")
That was negotiated too. ---
**Author:** ![BrianKalt](https://avatars.discourse-cdn.com/v4/letter/b/df788c/32.png) [@BrianKalt](https://boards.straightdope.com/u/BrianKalt)\ **Post date:** [March 17, 2017, 3:06pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/166 "2017-03-17T15:06:47Z")
Venue is supposed to be in the state where the crime was committed (Article III makes that clear), if the feds and the courts paid any attention to the Constitution here. The way it should work is that when they try to do everything in Wyoming, the defendant objects to the venue being wrong and they just transfer it. That wouldnā€™t kill the case. ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [March 17, 2017, 6:09pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/167 "2017-03-17T18:09:32Z")
Dreadful though it undoubtedly sound I could almost wish a murder were committed in that strip of land in order to see just how the legal proceedings would play out! (Perhaps the victim could be a 99 year old with terminal cancer to assuage my guilt.) šŸ™‚ ---
**Author:** ![SamuelA](https://avatars.discourse-cdn.com/v4/letter/s/c77e96/32.png) [@SamuelA](https://boards.straightdope.com/u/SamuelA)\ **Post date:** [March 17, 2017, 7:30pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/168 "2017-03-17T19:30:08Z")
How about illegal squatting and marijuana growing? Iā€™m imagining someone building a secret cabin there with a whole field of pot plants nearby. Maybe a few poached deer hanging up on drying racks. Building a cabin is too much work, maybe thereā€™s a building you could squat in that zone that is only seasonally occupied. Crime doesnā€™t have to be murder. Though I guess the problem is that the prosecution might offer time served + community service in a plea for this relatively minor crime. (well, the marijuana would be a major crime I guess) ---
**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\ **Post date:** [March 17, 2017, 7:39pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/169 "2017-03-17T19:39:46Z")
As long as it rises to the level of a Federal felony you (the defendant) have sprung the trap on the Feds and get to see how the ConLaw arguments play out. I donā€™t know enough about the Federal code to now how many pregnant does heavy with adorable twin fetuses you need to kill out of season to rise to the felonious level. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [March 17, 2017, 8:51pm UTC](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678/170 "2017-03-17T20:51:22Z")
> [@SamuelA](#): > > How about illegal squatting and marijuana growing? Iā€™m imagining someone building a secret cabin there with a whole field of pot plants nearby. Maybe a few poached deer hanging up on drying racks. > > Building a cabin is too much work, maybe thereā€™s a building you could squat in that zone that is only seasonally occupied. Crime doesnā€™t have to be murder. Though I guess the problem is that the prosecution might offer time served + community service in a plea for this relatively minor crime. (well, the marijuana would be a major crime I guess) Or moonshining like I mentioned before. [Previous page](https://boards.straightdope.com/t/i-can-murder-someone-in-yellowstone-and-i-cant-be-tried-for-it/781678.md?page=8)