That said, I do think he absolutely deserved to be released, not because he didn't deserve to be locked up in the first place, but because he's clearly been rehabilitated and has done great work during his time in prison. All that considered, ten years seems like a not unreasonable prison sentence for what he did. I hope he'll continue to do good when he's released.
Those allegations were used to deny him bail and influenced public perception, they were not part of his formal conviction or sentencing.
He was convicted on non-violent charges related to operating the Silk Road website, including drug distribution, computer hacking, and money laundering.
Does this change your opinion of sentencing being well-deserved?
The U.S. is rather unique in providing a right to jury trials for most--in practice almost all, including misdemeanor--criminal cases. And this is a major factor for why sentencing is so harsh and prosecutions so slow in the U.S. In myriad ways the cost of criminal trials has induced the system to arrive at its current state favoring plea deals, with overlapping crimes and severe maximum penalties as cudgels. Be careful about what kind of "protections" you want to impose.
It isn't supposed to cut both ways. The prosecution is supposed to have the higher burden, and admitting unproven allegations is excessively prejudicial.
> In myriad ways the cost of criminal trials has induced the system to arrive at its current state favoring plea deals, with overlapping crimes and severe maximum penalties as cudgels. Be careful about what kind of "protections" you want to impose.
The lesson from this should be to make the protections strong enough that they can't be thwarted like this. For example, prohibit plea bargaining so that all convictions require a trial and it's forbidden to impose any penalty for demanding one.
It's not supposed to be efficient. It's supposed to be rare.
When the laws are ones that everyone agrees should be crimes, like murder, spend the resources to convict anyone who commits the crime.
e.g. nobody will prosecute any property related and others low level crimes (e.g. damage is less than hundreds or at least tens of thousands). Crime rates will increase and the system will collapse at some point.
By contrast, drug use has no theft victim to report the crime and then even harsh penalties don't act as a deterrent because detection rates are low and addiction is a stronger motivator than the spoils of petty theft. So you would stop prosecuting recreational drug use (compensating by increasing addiction treatment programs etc.), and thereby also eliminate all of the associated crimes as drug cartels murder over territory and drug users commit serious robberies to afford street drug prices that otherwise wouldn't cost more than a bottle of aspirin, avoiding the need to prosecute those either.
At which point crime goes down and you can spend more resources prosecuting the remaining cases.
Which you won’t be able to do if the cost of prosecuting someone increases several times (i.e. no plea bargains anymore).
> you would stop prosecuting recreational drug use
Aren’t these already (realistically) misdemeanors at most in a lot of places?
Even in the best case e.g. lets say case load decreases by 25% that doesn’t seem enough to balance things out.
I’m confused, though. Are you suggesting legalization? Or just saying that law enforcement should ignore drug traffickers and dealers (because they will certainly continue engaging in violent crime if it’s the latter)
To truly minimize drug related crime you’d need legitimate drug companies to start selling OxyContin/etc. in the candy section at Walmart.
Well sure you can. It just costs more. But since you're still doing it, the deterrent is still present and then the expensive cases you have to prosecute remain rare.
> Aren’t these already (realistically) misdemeanors at most in a lot of places?
Not for the sellers they're not.
> Are you suggesting legalization?
Yes.
If you could go buy codeine or lisdexamfetamine for $5/bottle from the pharmacy counter at Walmart then there are no more drug cartels, no more drug cartel murders, no more street pushers lacing what was supposed to be MDMA with fentanyl that causes people to OD or get addicted to opioids, fewer addicts robbing people for drug money, higher deterrence for other crimes because police aren't spread so thin, less poverty and desperation because fewer kids have fathers in prisons or coffins, fewer neighborhoods held hostage by drug gangs.
That's a whole lot of crime that just goes away.
More to the point, consider where we are in terms of efficiency. It costs on the order of $100k/year to incarcerate someone. Every one of those drug murders you prevent is saving twenty million dollars worth of keeping someone locked up for two decades. That pays for a lot of two day jury trials for petty theft.