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.
Just because he was decent with computers does not mean he should be busted out of jail.
And you didn't bother to address that he ran a market for illegal goods and services, for some reason.
He organized and operated a global criminal drug ring and conspired to have people killed. The only difference between DPR and Pabla Escobar is that DPR was running his drug business in the 2010s instead of the 1980s.
Under our system that means he should be considered innocent of it.
This conversation is messy mostly because people are refusing to do that, which is akin to vigilantism.
A good faith discussion should only involve the charge he was convicted of and pardoned for, which is the narcotics charge.
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?
Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges.
DPR conspired but didn't actually directly kill anyone
Not saying DPR was a good person, but a little perspective is in order
It seems like all of these people they wind up charging probably are questionable people who wanted to do the thing and probably did some other lesser things but they probably would have given up on the big thing if there wasn't a federal agency running around doing all the "the informant says the guy is lamenting not having explosives, quick someone get him some explosives" things in the background.
It was right that they dropped the charge because it was quite obviously entrapment. But none of it reflects well on Ross Ulbricht’s character.
Because in my opinion the ethics of operating a drug ring is not as black as white as you state.
The existence of drug rings is an inevitable outcome from the war on drugs and I would argue the blame lands on the politicians who maintain the status quo that incentivises the creation of the black market for drugs.
In hindsight, the prosecution probably wished they didn't do that, since they are said to have had overwhelming evidence and proof, and there is even a Wired article about chat logs pertaining to DPR seeking services, but those are the breaks! If you don't do your due diligence, criminals can be let off on a technicality too!
the corruption what we do know about already tainted the case to the point that it should have been thrown out.
I don't care about Ulbricht, and whether he is guilty of all or some of the charges or innocent. What bothers me in this case is that the government can get away and in particular can get its way in court even with such severe criminal behavior by the government.
Rare case when i agree with Trump:
https://www.bbc.com/news/articles/cz7e0jve875o
"The scum that worked to convict him were some of the same lunatics who were involved in the modern day weaponization of government against me," Trump said in his post online on Tuesday evening."
Trump even personally called Ulbricht mother. I start to wonder whether i have been all that time in blind denial about Trump.
> even though the charge of hiring a contract killer to assassinate his business competition may have been dropped
Just because the charge was dropped doesn't mean he's innocent of it. In fact, reading the chat logs makes his guilt pretty clear. Of course, because the whole operation was a scam, there's little he could have been convicted of. Yet just because the murder was never carried out doesn't mean he didn't intend to have someone assassinated. In my book, paying someone money to kill another person is definitely grounds for imprisonment.
That’s exactly what it means under the presumption of innocence.
Advocating for the continued imprisonment of someone for something they are legally considered innocent of, is quite literally vigilantism.
"But he was a libertarian!" Shrugs
[1] https://s3.amazonaws.com/s3.documentcloud.org/documents/1391...
If you had a trial and they can't prove that, then yes it means you are innocent of this charge in the eyes of the law
https://pbwt2.gjassets.com/content/uploads/2017/05/15-1815_o...
That should be "considered innocent by the legal system". People are still free to come to their own conclusions--and act on them--even without a jury rendering a verdict.
Rather famously, for example, OJ Simpson was acquitted by a jury of murdering his wife. But most people these days would agree with the statement that he murdered his wife.
Asserting moral equivalence between someone who ordered dozens of innocent women and children not just killed but dismembered - solely as a lesson for others. Orders which were actually carried out multiple times and DPR who was never charged, tried or convicted of conspiring with a supposed online hitman to kill a competitor (who both were actually FBI informants - clearly making it entrapment). Yeah, that's quite a reach.
Sure, DPR was no saint but why push for the absolute maximally extreme interpretation? Even asserting he "organized and operated a global criminal drug ring" is a stretch. My understanding is he ran an online marketplace which drug dealers used to sell to their customers. I'm not aware that Ross ever bought or sold drugs as a business or hired others to do so. There is more than a little nuance between 1) buying drugs from distributors, delivering drugs to buyers and collecting the money, and 2) running online forums and messaging for people who do those things. At most, #2 is being an accessory to #1.
One of these people attempted to place hits on 3-4 individuals, the other one planted a bomb on a passenger plane that resulted in the deaths of over a hundred people.
Get some perspective and/or learn your history.
(The rule of law is important, and we may let off people who deserve harsh sentences for the sake of preserving it, but it doesn't mean they deserve those sentences any less)
The prosecutors later used that evidence as support for their sentencing request after Ross was convicted of only non-violent offenses, which has a much lower standard of evidence. The allegations of murder-for-hire were never tested at trial. They may have evaporated under cross-examination by a competent defense. Our system of justice holds that Ross is innocent of those allegations unless convicted at trial.
The rule of law says innocent until proven guilty.
The reason they didn't go after him for murder for hire allegations isn't because they felt bad for him or that they didn't want to waste tax payer's money.
The reason they didn't go after him for 'murder for hire' was that they knew there was no merit in it.
This is self evident.
Is it? Preponderance of the evidence is basically “more likely than not”
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.
Why this person specifically? And why at this time? Perhaps the discussion shouldn't be about the actual subject of the pardon, and perhaps more about the motives of the pardoner...
Pablo Escobar revelled in it.
PE put bombed newspapers and killed hundreds, if not thousands of people unrelated to any criminal enterprise or to arresting him. I mean, actual innocent, minding their own business civilians. Over 4000 murders have been directly attributed to the actions and orders of Escobar. Estimates to the actual count range closer to 8000.
DPR went over to the dark side a bit in that entrapment racket, or at least it seems so.
Thinking that someone needs to be murdered isn’t necessarily a character flaw, imho.
It depends on what DPR was led to believe about this fictional person. It is reasonable to imagine that the FBI took every possible measure to make their fake victim seem as murder worthy as possible. It’s not too much of a stretch to imagine that the “victim” may have been painted as a purveyor of child trafficking, CSAM, or other things repugnant. My point is we don’t know. And if we don’t know, we should reserve judgment.
Ah yes, he accumulated over $5 billion in Bitcoins by entirely legal means. He didn't facilitate the wholesale distribution of illegal (and dangerous) drugs at all. He never contributed to the massive distribution of Fentanyle-laced dopes to the United States, Europe, and elsewhere. He was just the online guy!
They absolutely do that all the freaking time. Especially when other convictions already result in a long sentence.
Prosecutors have limited bandwidth, and just wasting time adding one more life imprisonment on top of a life imprisonment is not helpful.
Ross heard that one of his Silk Roads moderators was arrested, and so he hired someone to kill the mod? The assassin sent a confirmation photo of his mod, asphyxiated and covered in Campbell's Chicken and Stars Soup?? The supposed assassin was actually a corrupt DEA agent who later served federal prison time for crimes so embarrassing that they were never fully disclosed?!?!
There is some kind of thorny moral question I cannot quite wrap my brain around.
Ross did not successfully have anyone killed, but it seems that he must have thought he was successful?
Ross (it is alleged, and chat logs seem to show) ordered someone's death and paid for it and got explicit confirmation that they were dead. [actually several someones.] Did he feel like a murderer at this point? What a fascinating, real life Raskolnikov style figure.
Later, perhaps much later, he gets strong evidence that the murder was fake. Nothing has changed in the outside world after he learns this -- the victim is no more alive before or after he learns this. Does this change his identity? Is he more or less of a murderer than before?
Do the people who kill with modified Xbox controllers from a warehouse in Las Vegas do the same kind of killing that Ross thought he did?
And then there is some kind of moral thought experiment happening at a Silicon Valley Rationalist, Effective Altruism kind of scale that I can't quite wrap my head around. Do people matter as much in person as if they're just blips on a screen you'll never meet? If Ross could have sent 1 BTC to prevent fatal malaria in a dozen young kids, thousands of miles away, but he didn't, should he feel responsible in some way for their death? Is he about equally responsible for them as for the online people he is pretty sure he ordered killed from afar, but never met?
It's just a lot. The whole story is supernaturally intense; it's hard to believe it was real. It will make for great TV.
See, e.g.
- https://www.vice.com/en/article/murdered-silk-road-employee-... for the faux forum moderator killing
- https://www.justice.gov/usao-sdny/pr/silk-road-drug-vendor-w... for the other faux five killings (another scam on Ross - he thought he was having extortionists killed? he kept getting confirmations?)
Nope. This doesn't mean anything, and the charges can be picked up again.
Oh wait, no. He was pardoned completely.
but they didn't, so we can forget about concept of justice.
you're trying to look like you don't understand or aren't aware that jury didn't convict him of murder-for-hire.
He chose a trial by jury, not by a judge. Nevertheless the judge herself decided that he is guilty of the murder-for-hire, and additionally the judge used significantly lower standard than required for conviction.
It has to start somewhere
So you can’t agree with the original sentence and then say he “absolutely deserved to be released.”
Without the chance of parole, a pardon from the president is one of the few ways he could get out of jail.
> he accumulated over $5 billion in Bitcoins by entirely legal means.
I never claimed he didn't break the law. I said the opposite, that he's guilty of being an accessory to drug dealing.
> He didn't facilitate the wholesale distribution of illegal (and dangerous) drugs at all.
I said "he ran an online marketplace which drug dealers used to sell to their customers."
> He was just the online guy!
I said he's "no saint" and in an earlier post in this thread I also said he deserved a jail sentence and that "ten years was enough" for what he was charged with and convicted of as a first-time offender.
I challenged your assertion of "no difference" between DPR and Pablo Escobar as extreme and your response is to mischaracterize my position as DPR committing no crime instead of responding to my actual position that he's a criminal who is guilty and deserved ten years in jail but not two life sentences plus 40 years without parole. There is a middle ground between "completely innocent of anything" and "no different than Pablo Escobar." I don't understand why you can't acknowledge such a middle ground might exist - and that it is my position.
If there was enough evidence to demonstrate that he attempted to murder someone, why wasn't he charged and convicted of it?
Also, 2 of the DEA agents involved in his investigation were convicted of fraud in relation to the case.
I do believe he probably did attempt to have someone killed, but I'm far from certain of it, and think it should have no bearing on the case if there's not enough evidence to convict him.
The LP chairwoman has made very interesting political moves this election.
That said, it was entrapment and everyone involved should be deeply ashamed and prosecuted. At least those two agents did get some wire fraud charges [0], but the entrapment angle got explored because the charges were dropped.
[0] https://www.justice.gov/opa/pr/former-federal-agents-charged...
There can be whatever reason he wasn't convicted, it doesn't change the fact that he wasn't and presumed innocence is the legal default.
Regardless of Ross Ulbricht's crimes, the pro's and con's of the pardon deserve considered discussion.
Are you bringing thoughtful and interesting considerations to this thread?
For example; will he actually wear an ankle bracelet for the rest of his life under the terms of a full and unconditional pardon?
I just learned that he was an Eagle Scout.
Not exactly the résumé of someone getting locked up and the key thrown away.
For purposes of random citizens saying "he tried to commit murder", no. We're absolutely not bound by that same standard of proof.
Also, your response didn't respond to what I said (which was about previously only responding to a straw man I didn't say). I like to think we strive in good faith for a little higher level of discourse here on HN. Try to do better.
It is clear as mud. We now know:
* At least four other people had access to the DPR account, by design.
* One of those people (the person whose murder was supposedly ordered, who has vehemently defended Ross!) asserts that he knew that Nob (who we know who was a DEA agent) was one of those four people.
* Nob is a serial liar, and is now in prison for having stole some of the bitcoin from this operation.
...what about that make clear that Ross was within a mile of this supposed 'murder for hire' business?
Unmitigated nonsense. The evidence that he was involved in this is somewhere between unreliable and nonexistent, and he (and the supposed victim) have disputed it since day one. WTF do you mean "openly"?
I am.
He built a tool that allowed people to circumvent a wantonly unjust legal framework by an aging, decreasingly relevant state.
We need more of that.
This standard is an enormous document, https://www.ussc.gov/guidelines which lays out the rules for adjustments. Evidence is admissible (by both sides!) for sentencing, with a lower standard of evidence and burden of proof, to either raise or lower the sentence within the very wide numbers of what the conviction was for. So the Judge in this case found that the lower burden of proof was met for additional violent crimes being committed (with Ulbricht's legal team having an opportunity to rebut), and that impacts the sentencing calculations.
Not a lawyer, but I have listened to US lawyers on podcasts.
Why is a terrorist and would-be assassin of a former President getting lifetime supervised release? None of the media coverage of the case, going back years, makes that clear. However, a footnote in the original criminal complaint against[2] him offers a likely explanation:
"In or around the end of March 2022, United States immigration officials conducted an asylum interview with SHIHAB. After the interview was conducted United States immigration officials advised the FBI that SHIHAB may have information regarding an ISIS member that was recently smuggled into the United States."
With a little reading between the lines of the criminal complaint, a very different story emerges: Shihab never dealt with any terrorists. He was a paid middleman between two government informants or agents pretending to be terrorists. He took their money, played along, and ratted them out to INS during an asylum interview. After that, once they realized the jig was up, the FBI arrested and charged him at its earliest opportunity - for the plot they had created and paid him to participate in, and which he in turn had informed the government about.
1. https://www.justice.gov/usao-sdoh/pr/columbus-man-sentenced-...
2. https://truthout.org/app/uploads/2022/06/Shihab-complaint.pd...
A sentence must balance the gravity of the offense with the circumstances of the offender, while still allowing for hope and redemption. A life sentence without parole forecloses this balance.
It's always struck me as odd that the United States - a nation that is packed with far more Christians than Canada - doesn't shape its system of incarceration to be more inline with Christian values and the teachings of Jesus.
Canada's explicit rejection of life sentences without parole (LWOP) through decisions like R v Bissonnette more closely aligns with Jesus's teachings about redemption and mercy. In Canada, even those convicted of the most serious crimes retain the possibility of parole - not a guarantee of release, but a recognition of the potential for rehabilitation that echoes Jesus's teachings about transformation and second chances.
This philosophical difference manifests in several ways:
- In Canada, the emphasis on rehabilitation over retribution is reflected in the term "correctional services" rather than "penitentiary system"
- Canadian prisons generally offer more rehabilitative programs and education opportunities
- The Canadian system places greater emphasis on Indigenous healing lodges and restorative justice practices that align with Jesus's focus on healing broken relationships
- Canadian courts have explicitly recognized that denying hope of release violates human dignity, which parallels Jesus's teachings about the inherent worth of every person
The contrast becomes particularly stark when considering multiple murders. While many US jurisdictions impose multiple life sentences to be served consecutively (effectively ensuring death in prison), the Canadian Supreme Court has ruled this practice unconstitutional, maintaining that even the worst offenders should retain the possibility - though not guarantee - of earning redemption through genuine rehabilitation.
This doesn't mean Canada is soft on crime - serious offenders still serve lengthy sentences, and parole is never guaranteed. But the maintenance of hope for eventual redemption, even in the worst cases, better reflects Jesus's teachings about grace, transformation, and the limitless possibility of spiritual renewal.
The irony is particularly pointed given that the US has a much higher proportion of self-identified Christians than Canada, yet has adopted a more retributive approach that seems less aligned with Jesus's teachings about mercy and redemption.
But hey, you just have to wait for the right president to be elected and you might get your chance. So I guess that's something.
Sorry, that’s just dishonest. Those coins were worth less than 30 million at the time of his arrest.
https://www.forbes.com/sites/andygreenberg/2013/10/25/fbi-sa...
A preponderance of the evidence is the greater weight of the evidence after all evidence is considered. Heuristics along the lines of "yeah that fits my priors"—which is what is actually meant by "more likely than not"—are explicitly disallowed.
If Joe Smith in Smalltown, Ohio was hit by a blue bus, and hammock owns 51 of the 100 blue buses in Smalltown whereas torstenvl owns 49 of the 100 blue buses, that is insufficient evidence by itself to prevail by a preponderance standard against hammock in a civil suit.
This is why we try not to sentence the way you are suggesting.
Wikipedia suggests this was because he was already sentenced to double life imprisonment. Clearly prosecutors should not waste time pursuing charges that won't really impact a criminal's status, do you disagree?
Canada didn't have Prohibition to the extent that the US did, which in turn led to the rise and financing of organized crime. All the rest of it fell out of that: Organized crime was violent and ruthless, so people started demanding oppressive laws and harsh penalties to deal with it.
One of the major problems with this is that the cycle is reinforced by law enforcement. You sensibly get rid of prohibition, but then the mob is still around and starts looking for a new source of funding, so you get more extortion rackets etc. Then a law enforcement bureaucracy is created to deal with it, but long-term the mob was going to die out without prohibition anyway and the law enforcement efforts just speed it up a bit. Except now you have a law enforcement bureaucracy with nothing to do, so they lobby to recreate Prohibition in the form of the Controlled Substances Act, which reconstitutes the mob in the form of the drug cartels.
But now instead of saying "prohibition failed, let's repeal it" they say "we need more resources" -- institutions try to preserve the problem to which they are they solution. So the Feds fight any attempts to legalize drugs because it would put them out of a job, but as long as there is prohibition there is organized crime, and organized crime is violent and terrible and a ratchet to ever-harsher penalties.
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.
The differences in the system probably have more to do with electing vs appointing. Electing is more likely to send someone tougher on crime vs well balance.If officials were elected in Canada you would see the same outcome.
Not to mention private vs public prisons and when you make it a business you have to find new customers vs a cost center you want to limit.
The guy operated a marketplace for illegal goods in order to enrich himself. The illegality wasn't just incidental, it was literally his business model -- by flouting the law, he enjoyed massive market benefit (minimal competition, lack of regulation, high margins etc) by exploiting the arbitrage that the rest of us follow the rules.
Said a different way, he knowingly pursued enormous risk in order to achieve outsized benefits, and ultimately his bet blew up on him -- we shouldn't have bailed him out.
Canada definitely had (has?) organized crime in that era, although maybe not to the extent the US did. Check out the Papalias[1] (my great great uncle was a quasi-crooked cop on their payroll), as well as the Musitanos and Luppinos, for a couple southern-Ontario examples. There’s still a (relatively) small but fairly influential Italian mafia presence in a lot of smaller southern Ontario cities, and at least a few of the Papalias are still living off of family money (my family’s cottage, ironically not the side with the crooked great great uncle, is next door to one of the Papalia’s cottages).
Hamilton is the way it is today in large part due to the mob activity from the 40s-90s.
9 To some who were confident of their own righteousness and looked down on everyone else, Jesus told this parable: 10 “Two men went up to the temple to pray, one a Pharisee and the other a tax collector. 11 The Pharisee stood by himself and prayed: ‘God, I thank you that I am not like other people—robbers, evildoers, adulterers—or even like this tax collector. 12 I fast twice a week and give a tenth of all I get.’
13 “But the tax collector stood at a distance. He would not even look up to heaven, but beat his breast and said, ‘God, have mercy on me, a sinner.’
14 “I tell you that this man, rather than the other, went home justified before God. For all those who exalt themselves will be humbled, and those who humble themselves will be exalted.”
It’s my understanding in the US that you are innocent until proven guilty, right? Therefore, he is indeed innocent of those crimes, since he was not proven guilty. Unless I’m missing something on how the US justice system works.
If something happens to a lesser extent and what does happen has a lot of the consequences spill over into the US, it's not that surprising that the backlash is more severe in the US.
Also, there will likely still be some pleas. Some people own up to being guilty and want to move on.
There is an absolute dearth of lawyers to support this. We just need more courts and more judges for the initial surge of a couple of years.
When the laws are ones that everyone agrees should be crimes, like murder, spend the resources to convict anyone who commits the crime.
The US Attorneys made a lot of publicity out of the murder-for-hire conspiracy allegations against Ulbricht in their indictments and in pre-trial media ("although there is no evidence that these murders were actually carried out." as the indictment itself obliquely says).
Ulbricht's defense could have come up with a plausible alternative explanations that he knew redandwhite was a scammer trying to extort him with a story involving nonexistent people, and was just playing along with him for whatever reasons.
[*] If the prosecution had not actually dropped those charges at trial, it would have been confirmed at trial which of the six identities were fictitious/nonexistent and whether all the accounts were managed by the same DEA agents. Hard to imagine that at least one juror wouldn't have formed a skeptical opinion about government agents extorting a person to conspire to kill fictitious people (why didn't the indictment just focus on nailing him on the lesser charges?). If this wasn't a Turing Test on when is an alleged conspiracy not a real conspiracy, then someday soon we'll see one.
ArsTechnica covered these facts in 2015:
[0]: "The hitman scam: Dread Pirate Roberts’ bizarre murder-for-hire attempts. On the darkweb, no one is who they seem." 2/2015 https://arstechnica.com/tech-policy/2015/02/the-hitman-scam-...
[1]: Silk Road’s alleged hitman, “redandwhite,” arrested in Vancouver https://arstechnica.com/tech-policy/2018/11/silk-roads-alleg...
Ross was given a life sentence without possibility of parole an incomparable sentence in relation to all other parties that were involved.
We need gangster hoodlums on the street because lookie here sonny, an online marketplace is dangerous and if it isn't dangerous enough well feds will make it that way.
A serial rapist, even one that would happily do it again, will often repent and quickly admit guilt. They have no interest in undermining the philosophical basis of the state. They will posture themselves as bound but imperfect citizens under the law.
Ross violated the only remaining national holy religion, the rule of law. He was sentenced for being a heretic.
So many people are in jail for crimes they didn’t commit, or for non-violent offenses that were committed out of hardship and a need to eat.
They gave evidence he tried to have someone killed, and that he saw confirmation it had been done.
Even if the accusation is somehow false and he didn’t order that killing, how many people did he actually kill just by running Silk Road?
I’m so sick of the narrative that aww shucks he’s a good kid from a good family and he just made a boo-boo and didn’t mean to build a multi-billion dollar illicit fortune from trafficking deadly drugs and outright poisons all over the world.
If this dude wasn’t a money-raised white kid from California no-one would care.
It seems that from day 1 US is moving quite far from the place it was and projected itself to others for past decades. More ruthless, money above all, not much fairness in international dealings. Maybe US will be richer after those 4 years, but at current trajectory it will lose a lot of friends and partners.
Please realize this - for Europe, China starts to look like a great not only business but also military partner, much more reliable long term. This is how much such moves can fuck up things.
It is important drugs stay illegal so powerful connected interests can maintain high profit and control. Without that, simple cocaine/meth/marijuana is just an agricultural or chemical commodity with essentially the margin of generic OTC drugs.
Life imprisonment, no parole.
You have to be a complete and utter wanker to think his punishment was justified.
It's ridiculous that people are pretending there is any doubt about his guilt because they like crypto and/or drugs.
Here's how things have manifestly played out over the past 150 years: procedural rules are strengthened because citizens are afraid of unjust prosecution. Some high profile bad guys, or parade of run-of-the-mill criminals, get off because of said procedural loopholes, after which voters demand politicians expand substantive criminal law to re-balance the equation. Upon which more unjust prosecutions enter the public consciousness. Wash, rinse, repeat.
This is what systemic injustice looks like, and the cycle continues as unabated as ever. On the one hand, you have movements like BLM, which have indeed effected change even in the most conservatives jurisdictions, largely by changes in procedural rules by courts and in policy by prosecutors and municipalities. At the same time, you have #MeToo, Harvey Weinstein, etc, which has resulted in the expansion of sexual crimes and punishments, and elimination of statutes of limitations, partly because procedural protections have made it extremely difficult to prosecute past behaviors, not because they strictly weren't already cognizable crimes.
Nobody is going to lose sleep over Weinstein, but long-term which demographics will bear the brunt of this tightening of the screws through the substantive law? You see the fundamental contradictory behavior here? There's tremendous overlap between the #MeToo groups and the BLM groups, and for both their demands are premised on empathy and justice, but at the end of the day we're going to end up with a harsher system that will further disproportionately punish some segments of the population over others. That's what systemic racial injustice looks like, yet nowhere can you find ill intentions or a desire to oppress anyone.
There's an alternative path, here. Notice how the legal screws have taken centuries to slowly but inexorably tighten without any concerted effort, yet in less than a single generation the normative behaviors of individual judges and other legal professionals, both as regards defendant rights (BLM) and victims rights (#MeToo) has seen a sea change. That suggests that by giving back more discretion to the system, not less, it's possible and, IMO, much more likely we could end up with a more fair system all around. Not guaranteed, of course, but neither is it guaranteed that just throwing more money and resources at the existing system would, even assuming we could even achieve let alone maintain that degree of attention from society. The difference between these two approaches, though, is that one requires trusting our fellow citizens, while the other holds out the (fantastical) prospect of an engineered solution.
Whether someone morally deserves a punishment for a crime depends on whether they actually did it, not on whether they are considered innocent in the eyes of the law.
Of course, I don’t generally support vigilantism , so I don’t think people should try to make other people get what they think the other people deserve as punishment. But, that doesn’t mean that people can’t deserve worse than the law prescribes, just that people shouldn’t like, try to deliver what they think the deserts are.
> For conviction under the statute, the offender must have been an organizer, manager, or supervisor of the continuing operation and have obtained substantial income or resources from the drug violations
https://en.wikipedia.org/wiki/Continuing_Criminal_Enterprise...
Do you not think the optics are a bit weird when you sentence someone to life for something relatively small, but the reason is another crime you’re very sure he did but you didn’t bother to charge him with?
The worst part are weapons, there is no way to spin it as something benign. Victor Bout for example got 25 years and there was no drug smuggling nor contract murders.
That’s a description of the Scottish “not proven” verdict, not a “not guilty” verdict.
The idea that possession of drugs is or should be illegal is purely arbitrary, and is used thus to justify massive violations of human rights. It is literally insane that the state claims authority over what you are allowed to do to your own body.
No victim, no crime.
If he did a crime that’s strictly less bad than a murder, him being sentenced to a longer sentence than even a single murderer shows that something is wrong. It doesn’t matter if 99% of murderers actually get longer sentences.
Good.
Let's keep in mind that the shared faith in this "holy religion, the rule of law" is the only thing holding together your country, my country, everyone's countries, and civilized society in general. Take that away, and everything around us will collapse, regressing the few survivors of that event to the prehistorical lifestyle of small tribes slaughtering each other for what little scraps the land has to give.
[0] gives a timeline and fills in lots of details.
Article [1] describes Bridges:
> Bridges was a cryptocurrency expert [... with offshore entities, including one that he had created after pleading guilty in this case]. According to AUSA Haun, his involvement with digital currency cases across the country caused a “staggering” number of investigations to become tainted, and subsequently shut down. She told the judge at Bridges’s sentencing that the corrupt agent had been looking out for opportunities to serve seizure warrants and somehow profit from it.
> The prosecutor also said that bitcoins were still missing, and they weren’t sure if he had worked with other corrupt agents. The US Attorney’s Office seemed to imply that there had been a lot of weird (but not necessarily chargeable) stuff that was still unaccounted for.
Article [2] describes Force:
> [Force's mental health issues]... his previous undercover assignments had ended disastrously. An assignment in Denver in 2004 had ended with a DUI. A second undercover assignment in Puerto Rico had ended in 2008 with a complete mental breakdown. Force was institutionalized, and did not return to his job until 2010. He was on desk duty until 2012, when he was assigned to investigate the Silk Road.
[0]: "Investigating The Staged Assassinations Of Silk Road" 11/2021 https://bitcoinmagazine.com/culture/inside-silk-road-staged-...
[1]: "Great Moments in Shaun Bridges, a Corrupt Silk Road Investigator" 2/2016 https://www.vice.com/en/article/great-moments-in-shaun-bridg...
[2]: "DEA Agent Who Faked a Murder and Took Bitcoins from Silk Road Explains Himself" 10//2015 https://www.vice.com/en/article/dea-agent-who-faked-a-murder...
[1] was previously posted on HN 2/2016: >>11037889
Hitler was never convicted of the holocaust in a court of law. Does that make him morally innocent? No.
Bin Ladin was never convicted of 9/11 in a court of law. Does that make him morally innocent? No.
FWIW he kickstarted the marketplace by selling shrooms that he grew himself.
Hardly the worst he did. Note a certain Trumps position on the issue though:
"We're going to be asking everyone who sells drugs, gets caught selling drugs, to receive the death penalty for their heinous acts,"
https://reason.com/2023/10/24/trump-who-freed-drug-offenders...
UPDATE: apparently I'm wrong that "factual impossibility" is not a defense [0]. But Bridges and Force's criminal behavior tainted the prosecution case on this charge. Presumably why the prosecution made sure those two agents were not mentioned in the trial.
[0]: https://law.stackexchange.com/questions/62360/can-you-charge...
Secondly, Ulbricht was an accessory to thousands of drug deals. You think that none of those consumers of those drugs died as a result? He could easily be responsible for multiple, dozens, hundreds of deaths - far more than most anyone locked up for life.
Germany's highest court has held the same thing.
This is right and proper. We need to defend these principles, now more than ever.
Which is what matters when determining sentences.
> People are still free to come to their own conclusions--and act on them
People are definitely not free to act on their conclusions. That's vigilantism, what the comment above was referring to.
Obviously the hits are a lot messier to prosecute as well with the misconduct of the FBI agents, maybe you could hammer that enough to confuse a jury. But people are commenting like the evidence outright didn't exist - I can only think they have either heard it told second-hand, or are employing motivated reasoning.
People generally don’t get locked up for life even if they do kill someone (in civilized countries), as long as they can be rehabilitated.
> A fourth feature of punishment, widely acknowledged at least since the publication of Joel Feinberg’s seminal 1965 article “The Expressive Function of Punishment” is that it serves to express condemnation, or censure, of the offender for her offense. As Feinberg discusses, it is this condemning element that distinguishes punishment from what he calls “nonpunitive penalties” such as parking tickets, demotions, flunkings, and so forth. (Feinberg, 1965: 398-401).
Like it or not, this makes him a heroic figure in the eyes of many people.
> we shouldn't have bailed him out
Bailing him out comes at no cost. Letting him rot in prison provides no benefit to anyone.
Predictably, dark web market operators adapted afterward. The state got lucky and they knew it, so that also factored in to their sentencing recommendations.
Glad he's getting out.
Well, you can. Its impact is heavily amplified, but there certainly are ill intentions and a desire to oppress people.
Uhm... Really? Is that present tense?
If rule-of-law was a national holy religion, the last 10 years of US politics would have played out very very differently.
Nothing about it requires a dictator. You vote for politicians who repeal laws that don't have widespread consensus, when enough people vote for them they get repealed. Ideally you then do something that makes it more difficult to re-pass them.
> Some high profile bad guys, or parade of run-of-the-mill criminals, get off because of said procedural loopholes
The procedures aren't loopholes. They're prerequisites for a conviction. They by no means make a conviction impossible, but you have to do the work.
> At the same time, you have #MeToo, Harvey Weinstein, etc, which has resulted in the expansion of sexual crimes and punishments, and elimination of statutes of limitations, partly because procedural protections have made it extremely difficult to prosecute past behaviors, not because they strictly weren't already cognizable crimes.
The problem here is not procedural rules at all. It's evidentiary difficulties. How do you distinguish between someone who consents but then has regrets and changes their story, or someone who has sex with someone wealthy in order to extort them for money, and someone who was actually sexually assaulted?
There is no perfect solution to that, but "innocent until proven guilty" is the only sane one. What you then need is a system that can uphold that standard even when there is pressure not to.
> That suggests that by giving back more discretion to the system, not less, it's possible and, IMO, much more likely we could end up with a more fair system all around.
It suggests that when you give more discretion to the system and the system favors you at this moment in time, you get what you want, for now.
But then there is another election and you may not like what someone else does with that discretion.
I actually wonder if those charges may still be on the table now that a pardon has been granted.
The Nazi state had to follow its own laws. They just had such laws that enabled the total lunacy that the 3rd Reich was.
All I'm saying is: If you decouple laws from morality you get a really bad time.
Let's forget a minute about that holy rule of law, "your" country has elected a convicted criminal, and it's yet to collapse.
The idea of looking at someone's motivations to determine their sentencing is critical to our legal system - otherwise important defences like the "Battered Wife Defence" wouldn't work.
I think most of us can also see a difference between a poor person stealing some gloves to stay warm in the winter and a rich person stealing those same gloves for the thrill. The only difference here is you don't like the fact that Ulbricht's motivations were more high minded than your average crack pusher (cough CIA cough) - the judge didn't either - in fact he sentenced him harder for it to make an example of him.
I'm stressing it out again, multiple people died from overdose because of him and multiple people were about to get executed because he hired hitman to kill them.
I'm not arguing that drugs should be legal, but we do have to be clear that the reasons for banning them and the punishment are not necessarily rational.
The fact that everybody is equal in front of justice and that justice should be independent, two of the basics tenet of the rule of law, were hated by the Nazis and called 'jewish law', and were targeted. Lawyers and judges were increasingly close to the Nazi party. The same crime by a party member didn't had the same consequence.
I think the Nazis pamphlet said that 'roman law follow the materialistic world order, and should be replaced by German law'. Where materialistic was a dogwhistle for Marxism, and world order for Judaism.
What did help Nazis was that older judges and lawyers were often aristocrats who didn't really love the republic, and new one were petty bourgeoisie where Nazism had a lot of supporters. They helped put a staunch conservative (who later joined the Nazis) at the head of the German supreme court before 1933. The man blocked socdems appointments, and changed how the German law was interpreted (basically pushing intent of the law vs letter of the law, where intent weirdly always aligned with Nazi ideology).
Then, once they had power, the first thing they did after the conservative Hindenburg (may he be remembered as Hitler first collaborator) declared a 'state of emergency was to suspend judiciary oversight over arrest and imprisonment.
People don't really care about child rapists see the Christian churches.
Also you were able to buy everything on silk road including guns. The multiplication effect of this is potentially more worth.
Nonetheless it's still a straw man argument. I personally would not mind at all increasing prison sentences for child rapists.
So whatever real-world thing being described would need a different term.
But now we're playing legal tricks here. The real question would be if Ulbricht was willing to have people killed or not, regardless of what the defense can claim.
EDIT: just to be clear. Legally, I think it makes a big difference if someone decides to have someone else killed, tries to hire an hitman and that hitman turns out to be a policeman in disguise vs a policeman in disguise telling you "there are people doing something that is bad for you, should I kill them?". And it is perfectly right that the second case is crossing a line. But form a moral perspective, if someone answers "yes" in the second case, that still tells us a lot about that person, regardless of whether those people existed or not. The important thing is that those people were real in this person's mind.
- Log files found on Ulbricht's laptop with entries corresponding to the murder-for-hire events
- Bitcoin transaction records showing payments
- Messages between DPR and vendors/users about the situations
The court found this evidence admissible as:
- Direct evidence of the charged offenses
- Proof of Ulbricht's role as site administrator
- Evidence of Ulbricht's identity as DPR
- Demonstration of his willingness to use violence to protect the criminal enterprise
The court determined that while prejudicial, the probative value of this evidence outweighed any unfair prejudice, particularly since the government would stipulate no murders actually occurred.
The above is summarized from https://casetext.com/case/united-states-v-ulbricht-10
> In the 1920s, moonshine runners during the Prohibition era would often have to outrun the authorities. To do so, they had to upgrade their vehicles—while leaving them looking ordinary, so as not to attract attention. Eventually, runners started getting together with fellow runners and making runs together. They would challenge one another and eventually progressed to organized events in the early 1930s.
Rule of law is a pillar, but not the only one — in an ideal case the laws themselves are bound by constitutional requirements, and the constitutional requirements are bound by democratic will, and the democratic will by freedom of speech, and the freedom of speech by a requirement for at least attempting to be honest.
lmao
If that isn't conspiracy to murder, I'm not sure there is anything that would qualify.
We are seeing this play out again. The brownshirts have all been pardoned (with a clear message to the ones who will be involved in the next act - that as long as they break the law in support of the regime, they'll get bailed out), while everyone else is getting in line to kowtow and kiss the ring - because if they don't, they might be targeted.
It's actual insanity that people are looking at this and saying it is fine.
Then again, the whole country has gone insane, it looks at a video of the richest main in the world giving a fascist salute, and insist that he's just giving a confused wave, or that it's the same thing as a still of some other person with an outstretched arm.
Those benefits don't come from nowhere. You're basically getting compensated to take on the risk, same as any other business. The difference in this case is that the risk is that a bunch of thugs with guns will show up and either kill you or put you in a cage in addition to the usual financial ruin.
We've seen what happens when empires fall apart (Rome for example) and things don't revert to "prehistorical lifestyle of small tribes slaughtering each other for what little scraps the land has to give".
I'm not gonna go too far into this because like you say, it's a religion, and I'm not gonna waste my time trying to convert anyone.
In common law, you are found guilty, and then sentenced. The judge does the sentencing, the jury finds you guilty or not.
Then there is precedent. Guidelines are created based on caselaw, so if a simular type of case arrises, that forms the "expectation" of what the sentence will be.
This means that you don't need specific levels of a crime. For example drug trafficking can be a single gram of coke for personal use, vs 15 tonnes for commercial exploitation. hence the range in sentences.
In this case the person throwing morality out of the window was Ulbricht.
Personally I'm in favour of further narcotics legalisation, but with regulation to manage it's social effects and taxation to fund the expensive mitigation measures it would require.
Your argument is not an argument for incarceration, it is an argument for abolition of prohibition and regulating the sales of some psychoactives.
The same stone would hit the fentanyl epidemic, it would hit the pushers of ”zombie drug” laced cocktails, it would hit cross-border trafficking, to name only a few. Society would massively benefit. So would the economy.
I don't have a horse in this race but the first thing that comes to my mind when I hear "we shouldn't have bailed him out" is silicon valley bank and its depositors. That to me was the biggest show of hypocrisy by silicon valley.
The evolution of modern society is as much a result of religion (centralizing a purpose and limiting inner fighting) of science (do things more efficient) as it is to violence.
Violence might be one way to progress, everybody is entitled to an opinion. I just hope you experienced it yourself if you believe it is the way you prefer personally. I am saying just because I thought some things would be great, only to be quite disappointed when I actually tried them...
They were too small. But they had their own social orders of equivalent importance, and breaking those would break them apart. There's a reason religion and tradition played bigger role in a distant past, and going against them was severely punished. It's not just out of spite or "us vs. them"; people take threats to stability of their group personally. It's definitely in part a survival mechanism.
> The evolution of the modern state is a result of inter society competition for who can apply the most massed violence against a competing state.
Yes. More specifically, it's the result of growth. It's the same thing as small tribes fighting each other over some small areas of land, except scaled up. Bigger groups have a competitive advantage over smaller groups, but there's a limit to the size of a group beyond which it ends up splitting apart; increasing that limit requires stacking more layers of hierarchy and associated social technologies. "Rule of law" and the legal system in general is one of such technologies, and it looks like it does today, at scales of groups we have today.
A group of dozens can just work on instinct alone. A group of hundreds requires some rules and specialization and designated authority. Scale that 100x, and you need another level of leadership hierarchy just to keep sub-group leaders coordinated and aligned. Scale that 100x further, and you kind of have to get something looking like a modern nation state, as anything else would either break apart or be defeated by another group that is more like a modern nation state.
See also: Dunbar's number.
> We've seen what happens when empires fall apart (Rome for example) and things don't revert to "prehistorical lifestyle of small tribes slaughtering each other for what little scraps the land has to give".
Europe would disagree.
That comparison does not flatter Ross Ulbricht.
https://clickhole.com/heartbreaking-the-worst-person-you-kno...
You shouldn't necessarily change your negative opinion of someone, just because they're right about something. To invoke Godwin's law: Adolf Hitler was a staunch opponent of smoking, in a time when many Allied cultures thought smoking was great, but that doesn't mean you're wrong about him.
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.
Why is it legal to drive a car, then?
Also how exactly are jury trials superior to e.g. Magistrates Courts in the UK?
Isn’t the American legal system already very bloated and inefficient? So spending even more money on it might not be the best idea?
This is false. Even if you take the Nazi propaganda that their laws were themselves lawful (which they were not, beginning with the clearly unlawful capture of power) at face value, the Nazi regime did not adhere to its own laws and regulations. While in some cases the Nazi regime did codify a basis in law for their atrocities (i.e. excluding and expropriating jews), much of the Nazi terror both in a civil and military context would have been explicitly illegal under the law at the time.
This includes the November Progroms of 1938 (https://de.wikipedia.org/wiki/Novemberpogrome_1938), large parts of the Nazi's approach to warfare, as well as the entire Holocaust (the murder of more than 6 million jews and other "undesirables"), for which the Nazis did not bother to create any legal justification.
While the Nazi regime was deeply bureaucratic (in that it documented its policies, orders and their results in high detail) this is not the same as "following the law". Most of the Nazi's atrocities evolved not through a process of lawmaking, but from their racist ideology and were given legitimacy through the highly personalized nature of the regime: Hitler was explicitly above the law, as were his orders, not matter if expressed through him personally or in his name by his followers.
All kinds of products kill consumers every day, and we don't consider the person who sold them responsible. And the suppliers of those products heavily encourage and even manipulate people into buying them; do we know whether Ulbricht even advertised his services?
the action of suggesting, without being direct, that something unpleasant is true
[0]: https://dictionary.cambridge.org/dictionary/english/insinuat...
Ten? Oh man. Have you read about the FALN commutation? Iran-Contra? Watergate? The 1960 presidential election? Roosevelt (both of them)? Wilson? Lincoln? Those are just a very few of the instances of disrespect for the rule of law that come to mind immediately.
> You can't do whatever you want with your body
is pretty reasonable, but how about we rephrase it as something like:
> You can't do something with your body that significantly increases the risk of harming others
?
If your legal system doesn't have enough resources to prosecute 90% of people who are committing crimes.................................
.......................................... then maybe the state should.............................................
.................... wait for it...................................
.....................................give the legal system more resources.
(I know right, it's mindblowing, revolutionary, difficult-to-conceive stuff - I can see why nobody has thought of it before)
The recent change in policy simply reflects the prevailing trend of reducing disparities in sentencing for criminals while increasing disparities in crime victimization by failing to enforce the law.
Speak for yourself. China is still worse than the USA, and Xi isn't bound to any term limit, and has built up quite a following.
On my book, this is pretty serious.
That said, rapists surprisingly often get just a slap on the wrist, or not even that. The US absolutely needs some balance and consistency in its sentencing, but pardoning this one guy sends a really weird message in that regard. At the very least, just commute the sentence so at least the conviction still stands.
Many in jail awaiting trial are very guilty and the outcome of the legal proceeding is effectively a foregone conclusion. Exchanging a shorter sentence for a plea makes sense for all parties. Prosecutors can then spend their court time arguing more important cases, judges don't have to patiently direct clown shows where guilt is extremely obvious, and the defendant gets a lesser sentence. There is plenty of abuse in the plea system, and no shortage of outrageous prosecutorial misconduct. But that doesn't invalidate the principle of plea bargaining. No justice system is perfect and without plea bargaining every defendant would have to spend a decade in jail, maybe two, before their case makes it in front of a judge. That isn't justice. Unless we assign everybody chatgpt lawyers, judges and juries giving everybody a trial is a practical impossibility.
That's a weird way of talking about that. The rule of law is what keeps rampant corruption and government abuse at bay. It means the law also holds for the ruler, and not just for the subjects. The rule of law has already been significantly weakened in recent years by openly corrupt judges and politicians, and traitor being elected in defiance of the 14th amendment.
None of this is a good thing. Without the rule of law, it's the people that lose, because then you get the rule of those in power, who will be above the law.
The rule of law means that nobody is above the law, not even the Fuehrer or president. Clearly this is not the case in many countries, but it is in some, and it should be.
There are also societies which have blatant arbitrary authoritarian rule which seem to be well in the 21st century. I doubt that faith in the rule of law is the only thing keeping our societies together.
Imagine a hypothetical law which arrests anyone who trades in red shirts. Someone comes along and doesn't see what the big deal is and decides to trade in these shirts on the black market. Lives are saved because it is impossible to get shot at while paying for red shirts over the Internet instead of in person. Then the dude who ran the red shirt marketplace and seems like an opportunistic idealist gets locked up with the key thrown away.
Anyway, it is arguable that the Silk Road saved lives, given that black markets are persistent regardless of legality.
https://cybercrimejournal.com/pdf/Lacson%26Jonesvol10issue1I...
https://gwern.net/doc/darknet-market/silk-road/1/2013-vanhou...
The US also has laws which we don't care if you break, and the laws we place in this category say a lot about our society. For example, it's widely accepted that people can drive up to 10 MPH above the speed limit and consequences will be rare. Even more severe moving violations are met with a slap on the wrist which primarily effects the poor (fines).
Drug laws were already within this category before Ullbricht started the Silk Road. The was on drugs was explicitly started by Nixon as a war on the antiwar left and black people, and if you didn't fall into one of those categories, you were/are largely above drug laws, since enforcement generally targets those categories, while the social acceptability of popular drugs means that crimes of this nature are rarely reported.
Ullbricht's primary offense was breaking a law that was already broken ubiquitously. Society did not collapse before Ullbricht when these laws were broken, it did not collapse when Ullbricht broke them, and it does not collapse because of the myriad of darknet sites which immediately filled the void left by the Silk Road's closure. Ullbricht's arrest didn't end the blatant disregard for drug laws on the darknet, and yet somehow in the 11 years since his arrest, society still hasn't devolved into small tribes slaughtering each other.
In short, if people breaking drug laws was a real threat to society, then society would have devolved into tribes slaughtering each other already. We have had over 50 years of people ubiquitously breaking drug laws without societal collapse.
I don't like this argument of imputing transitive guilt. If guilt is imputed indirectly, then all of us are guilty of many things, like atrocities that our countries have perpetrated during war.
Second of all, people missed my point I guess: >>42792552
Third of all, the Silk Road saved lives.
https://cybercrimejournal.com/pdf/Lacson%26Jonesvol10issue1I...
https://gwern.net/doc/darknet-market/silk-road/1/2013-vanhou...
One cannot be more wrong: there cannot be freedom without the rule of law and without the existence of a state that enforces it.
What an interpretation!
Another one might be: they tried to throw all kinds of things at Trump, and they all failed because they simply aren't true, until they managed to catch him on some triviality.
The fact that you "rule of law" people keep putting out accusations as if they were convictions, and insinuating people should be judged on these accusations is truly horrible for the system.
Rule of law would prevent all of that. Or should.
Also punishing a people for actions of their government is a war crime.
This structure is self-reinforcing and very resilient: few people here and there rejecting faith in rule of law, or authority of the courts, or money, don't make a difference - we write such people off as weirdos and carry on with our days, secure in knowledge our world will continue to work as it worked the day before. But if sufficient amount of people have their faith falter, that's where the trouble starts.
For example, if enough people stop trusting in the justice system to deliver something resembling justice most of the time, you'll see people ignoring courts and laws and taking justice into their own hands[0]. People start lynching and killing each other, others see them getting away with it, which quickly destroys their trust in the system, and now you're at the precipice. If shooting a (person accused of being) thief is fine, if shooting a billionaire is fine, then why uphold a contract? Might as well get your own at gunpoint, etc. At this point everything stops working - banks, healthcare, fire services, stores. Your country collapses. You probably die.
That is why threats to our shared belief system are so dangerous, and need to be dealt with swiftly and aggressively. It's not about elites in power wanting to stay in power (though it's no doubt part of it for them) - it's because should we all start thinking our social structures don't work, and that everyone else thinks this too, and start acting on this expectation, they'll all collapse in an instant.
--
[0] - No, whatever it is that America has with its police is still far from that point.
And an indictment is not proof that the allegations are real or not manipulated. US Attorneys are a deeply amoral group, they don't care about truth or justice, just winning at any cost.
He seems to be denying that he hired hitmen:
You don't need to hire a hitman when someone blackmails you.
What is this based on? Can't find this on Google.
Also, which fake murder are you talking about? There were 6 alleged murder-for-hire solicitations.
Clearly not that much evidence if the state didn't bother to prosecute those charges. And why would they? The judge sentenced him as though he had been found guilty of them.
The axiom of their "rule of law" was that racism is the worst possible sin, and that anything done to appease people calling you racist was mandatory. The below link MASSIVLEY understated the number of victims.
https://www.mirror.co.uk/news/uk-news/rotherham-sex-abuse-sh...
In one indictment, in a New York federal court, he was charged with several crimes, but not murder-for-hire. In the other indictment, in a Maryland federal court, he was charged just with murder-for-hire.
The case in New York went to trial first. The murder-for-hire evidence was introduced in that court as part of trying to prove some of the elements of the other charges.
For example to prove a charge of engaging in a continuing criminal enterprise one of the elements is that the person occupied "a position of organizer, a supervisory position, or any other position of management". Evidence that a person is trying to hire hitmen to protect the enterprise is evidence that they occupy such a role.
After the convictions and sentencing in the New York trial were upheld on appeal, the prosecutors in Maryland dropped their case because he was then in jail, for life, with no possibility of parole. They said it was a better use of resources to focus on cases where justice had not yet been served.
Right, because we recognize that indirect, transitive blame is ethically problematic.
> He actively and deliberately enabled those activities for self benefit.
So did the Sacklers with the opioid epidemic, arguably even more directly than Ulbricht. Which of them is in prison?
"Enabling" is exactly the kind of weasel word that I find problematic. It has no strict definition and can be broadened to suit whatever is needed to condemn an action you happen to dislike in any given scenario.
Given that he is now free, and may have access to substantial cryptocurrency wealth, I think it would probably be best under the circumstances if everyone forgot about these allegations and just left him alone to live a quiet life.
What definition of the laws lawfulness are you using? Capturing the power - it is what makes law lawful, otherwise any law is unlawful.
So any appeals to the contrary are rooted in appeals to beliefs held in parallel with the liberal doctrines of the state. When Protestants ruled the US, that means some residual (often warped) Christian sensibility, because they were able to attain that consensus. But with greater competition today, that old consensus is no longer possible. Liberalism ensures that.
If you look at this the old way, Hitler wasn't above the law, he was the law, because there was no real split of powers.
Your comment, though, is very interesting because it defies the stupid idea that back then people respected laws, while today....
Somehow this got idolized, which is why (young!) people tend to feel nostalgic about such times. In reality, there was a lot of corruption, Hitler himself evaded taxes, used Party money to fund his own Mercedes etc.... yeah like today!!! :)
Edit: somehow this propaganda of people of law lasted until today. In reality, the guy was a fraud that collected millions over the years. While everyone else had to live in fear of deportations or worse. I don't understand why journalists don't focus on things like this to dismantle idiotic extreme parties.
Well, that's sounds quite logical. When you kill people, they usually fight back. Very strongly fight back. So you have to expect something big to make it worth it. But small very undeveloped tribes had nothing of such, so they have no incentives to slaughter each other.
Do you think two wrongs make a right?
The law means less than it used to.
Yes. Just like San Francisco and Seattle did when they legalized drugs
And here we are
Saying that law is 'the only thing' necessary for the existence of modern society effectively means it is also a sufficient condition. So yes, someone did claim the opposite.
https://www.reddit.com/r/AskHistorians/comments/4h2rnc/comme...
The OP made a dumb comment about the length of the prison sentence in comparison to a murderer, I pointed out a) that while the OP thought it was too long, the same exact logic could be used to say it was too short and b) his original premise about the relative degrees of the "badness" of crimes was not an absolute.
You're welcome to disagree, however the comment above is unconvincing. Ulbricht dealt in drugs which he knew from day 1 were unquestionably illegal in this country.
Slow down there cowboy, it's "ten" because the other poster is referencing a conviction which occurred on February 5th 2015, uncannily close to exactly ten years ago.
With neither size nor technology to make a lasting impact, the ones that got slaughtered didn't exactly leave much in archeological evidence behind for us to find.
As for GP's point, obviously those people weren't bred for battle with others. All the tiny tribes would happily frolic in the forest or whatever small prehistoric tribes did when they weren't starving, but eventually they'd grow in size, hit a size limit leading to a new tribe splitting off, etc.; over time, the number of tribes grew to the point that they started to bump into each other and contest the same resources, leading to the obvious outcome.
Also, I was focusing less on Ulbricht, and more on what 'ty6853 wrote in the comment I replied to. Quoting another part of it:
> The state hates more than anything someone who operates on first principles that the empire is wrong.
My point is: the state is absolutely right to hate such people. This is true regardless of whether the "empire" is North Korea or the United Federation of Planets - it's not an ethics issue, it's a structural property of stable social organizations.
As for people living today, unless you really suffer under the yoke of an evil empire, it's worth remembering that, were the state to suddenly break down, things will get much, much worse for everyone in it, yourself included.
It's too easy for all of us to take our daily lives for granted.
You can talk about whatever you want, but you don't get to limit what other people talk about.
If you think there's anything like "everyone should obey, everyone expects everyone else will obey, and everyone knows they're expected by others to obey" around drug laws, you're living in a fantasy. You can talk about that concept if you want, but I'm saying that concept doesn't apply to drug law, which is, in case you noticed, the primary group of laws Ullbricht was convicted of breaking.
> For example, if enough people stop trusting in the justice system to deliver something resembling justice most of the time, you'll see people ignoring courts and laws and taking justice into their own hands[0]. People start lynching and killing each other, others see them getting away with it, which quickly destroys their trust in the system, and now you're at the precipice. If shooting a (person accused of being) thief is fine, if shooting a billionaire is fine, then why uphold a contract? Might as well get your own at gunpoint, etc. At this point everything stops working - banks, healthcare, fire services, stores. Your country collapses. You probably die.
You're picking unrelated examples and ignoring the issue at hand.
If selling drugs is fine, why uphold a contract? If driving faster than the speed limit is fine, why not get your own at gunpoint?
Sure, generally people agree murder is bad, but that's very little to do with the law or any sort of trust in the law. Your ivory-tower ideals have nothing to do with it: as it turns out, people don't want to be murdered, so we're all pretty happy when the cops enforce that law, whether we trust them or not.
I'll further add: banks, healthcare, fire services, stores, all only work for a segment of our population in the US. By your definition of collapse, large portions of the U.S. collapsed decades ago.
> That is why threats to our shared belief system are so dangerous, and need to be dealt with swiftly and aggressively. It's not about elites in power wanting to stay in power (though it's no doubt part of it for them) - it's because should we all start thinking our social structures don't work, and that everyone else thinks this too, and start acting on this expectation, they'll all collapse in an instant.
"Our shared belief system"?
Let's be clear, this is your belief system, and what you're trying to do is justify ramming it down other people's throats with the physical violence performed by police. Your belief system is probably the majority opinion within the upper-middle-class and richer demographic of Hacker News, and might even be the majority opinion nationally, but it's not unanimous or even close to unanimous. Drug use is well within the mainstream in 2025.
Suppose we're talking about a case where it's a foregone conclusion. 0% chance that the defendant will be acquitted, never going to happen. Then the defendant should plead guilty and save themselves some time and effort regardless of whether it leads to a lesser sentence, right? You don't need to coerce them because they can't possibly gain anything.
Now suppose that the chance isn't 0%, it's, say, 10%. Should we coerce these people into a guilty plea by giving them a 100% chance of six months vs. a 90% chance of five years? Out of a million of them, a hundred thousand would be found not guilty, so no.
> No justice system is perfect and without plea bargaining every defendant would have to spend a decade in jail, maybe two, before their case makes it in front of a judge.
This is why the right to a speedy trial exists, even though it has been eroded dramatically by basically making it a false choice between "you have your trial immediately with no chance to prepare a defense even though the prosecution has secretly been investigating you for months" and "you waive your right to a speedy trial entirely and rot in jail for years awaiting trial".
The way it ought to work is that the defendant has a right to set a "not after" date where the prosecution either has to proceed or release them from jail and drop the charges, which gives them enough time to actually prepare a defense without opening the door to being detained indefinitely awaiting trial even after they're prepared. The prosecution already has this up until the statute of limitations has run, because they can already wait to file charges until they've prepared their case.
> Unless we assign everybody chatgpt lawyers, judges and juries giving everybody a trial is a practical impossibility.
Or we could just have fewer laws and then assign the resources necessary to prosecute the remaining more important ones.
Notice that if you get rid of e.g. drug laws, you also get rid of all the murders and other crimes that come along with the existence of drug cartels, and the load on the courts goes down dramatically.
https://en.wikipedia.org/wiki/Silk_Road_(marketplace)#Produc...
They're not overlooking this, they're criticizing it.
Suppose you have to prove that someone occupied "a position of organizer, a supervisory position, or any other position of management" so you introduce several pieces of evidence to try to prove it, one of them is some sketchy murder for hire allegations from a low-credibility source. The jury then convicts on the conspiracy charge without indicating whether they believed the murder for hire claim was proved beyond a reasonable doubt.
Should you now use the murder for hire claim to determine sentencing for the conspiracy charge? No, that's crazy, it's a much more serious crime and they should have to charge and prove that as a separate count if they want it to affect the penalty.
* Terr_: "No, there have been too many serious breakdowns."
* dns_snek: "It's reliably unreliable, so it still counts."
* Terr_: "No, that's literally the opposite of what it means to describe a car as reliable."
* arcfour: "Terr_! Stop demanding perfection! The universe is imperfect therefore true reliability is impossible!"
* Terr_: "No, goddamnit! That's not what I said! FFS, it's as if [RECURSION EXCEEDED]"
To try to prove their jaywalking allegations, the prosecution in the first case claims that you were in a hurry to cross the street because you were trying to kill someone, and present some evidence of that from a questionable source. They also have separate video evidence of you crossing the street against the light. The jury convicts you of jaywalking.
The judge in the jaywalking case then sentences you to life without parole, because jaywalking in order to murder someone is much more serious than most other instances of jaywalking. The prosecution in the other court then drops the murder charges, so the murder allegations were never actually proven anywhere.
Is this reasonable? Should we be satisfied with how this works and not want to change anything about it?
[1] USA regressing to a globally disrespected oligarchy under Trump is a good example.
Is this a hypothetical or did I miss a big chunk of this story?
If the war involves people being hurt, then conspiracy and instruction to injure and murder sound like great things to charge the drug lord with. If it doesn't, then I don't see the severity.
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.
The purpose of the trial is to separate the innocent from the guilty, and there is intended to be a presumption of innocence. But because the prosecution has to prove their case beyond a reasonable doubt, they'll tend to only bring cases when there is a high probability of guilt -- a good thing -- so then let's say 90% of the defendants are probably guilty and 60% are guilty beyond a reasonable doubt.
A judge is going to become intimately familiar with that. ~90% of the defendants are actually guilty, so the judge develops the intuition that a new defendant is very likely guilty. That's a presumption of guilt. Soon even the innocent ones are getting convicted, when the whole point of the process was to prevent that.
A jury is a fresh set of eyes who look at the defendant as the only case they're going to be deciding for the foreseeable future and haven't been prejudiced by a parade of evildoers sitting in the same chair. It's also twelve separate people who each individually have to be convinced.
Got any sources for this claim? Like an actual law?
A proper analogy would be something like two crimes, A and B, both with the same statutorily defined maximum penalty--life imprisonment--but where the typical sentence for A is much less for B. The defendant is found guilty of A, but the judge uses aggravating evidence to sentence them as-if it were B. But that highlights the fundamental problem: why would we have both A and B with the same maximum penalty, both covering the same or similar behavior? Often the point of A is to make convictions easier because proving B proved too onerous in practice.
What we want to get back to, and which almost every other jurisdiction implements around the world, including both systems thought to be far more fair than ours as well as less fair (for different reasons), is to have better tailored crimes, including penalties. One of the reasons we have so many felonies these days is because sentencing someone to jail for a single day on a misdemeanor offense for stealing a pack of gum for the 20th time can require a jury trial just as onerous as a felony offense with a 20 year sentence. Thus, if you want a more fair system, we probably may need to make it easier to sentence for smaller crimes with lighter sentences. IOW, lower the stakes so there isn't an arms race between punishment severity and procedural protections.
Most countries don't even require juries or panels for serious crimes, let alone light (i.e. misdemeanor) offenses. The shift to granting jury trials for any offense carrying possible jail time started in the early 1900s via Progressive Era reforms. Today only NYC (just NYC, not New York state) and, I think, South Carolina are the only jurisdictions[1] that don't grant a right to jury trials for misdemeanor offenses with jail time as a permitted punishment. Some other states nominally only provide for juries for 3+ or 6+ months of jail, but procedural precedent has resulted in courts effectively extending the right to any offense carrying jail time.
Note that the city of San Francisco has had for decades a public defender's office with equivalent or better resources (time, money, expertise) as the prosecutor's office, but the city sees the same interminable cycle as everywhere else.
[1] Also I think Federal jurisdiction, but purely misdemeanor cases without the threat of felony charges at the Federal level are pretty rare.
The gov should have to prove you committed a crime before that information is admissible at sentencing.
The source is a bunch of chat records from Ulbricht's seized laptop. There's a fairly detailed description of the evidence here [1].
[1] https://s3.amazonaws.com/s3.documentcloud.org/documents/1391...
--
> I'm genuinely convinced that prehistoric humans, being literally the same species as us, were just as capable as us in the ability to thoughtfully construct their societies.
I agree. We're basically the same people as we were before, hardware and firmware, +/- lactose intolerance and some extra mutations that, without modern medicine, would prohibit one from successfully reproducing. With that in mind...
> Like, why, when they bumped into each other, couldn't they have formed a confederation?
Because they most likely couldn't have even conceptualized this that long ago, much less make it work.
A "confederacy" isn't some built-in human feeling. It's advanced technology. Social technology, but technology nonetheless. In a way, it's merely a more advanced form of a bunch of elders getting together to deal with a problem affecting all of their tribes - but this is like saying passing around crude drawing on stones is basically a bit less advanced e-mail or international postal network. As an advanced social technology, a confederacy has a lot of prerequisites - including writing, deep specialization of labor (allowing for both rulers and thinkers to thrive), hierarchical governance, a set of traditions (religious or otherwise) that solidify the hierarchical governance structure and some early iteration of a justice system, literate ruling class, etc.; all of those are but a few nodes in the "tech tree" that leads to a confederacy, and more importantly, enables scaling the society up to the point we can even talk about a confederacy as we define the term today.
> I think instead of labeling them as children of nature or starving savages warring with everything in their vicinity, it makes most sense to see them as more or less similar to ourselves.
We still are children of nature. We're not starving because of all the advancement in science, technology and social technologies we've accumulated over the past couple millenia.
Consider that it is only recently - within the last 150 years - we finally stopped going to war over land and natural resources. Human nature didn't change in that time. What changed was that we've expanded to the point every place on Earth's surface has someone staking a claim to it, that the knowledge of these claims quickly becomes known to other groups; we then fought it out in 1914-1918 and then for the last time, in 1939-1945, then most countries accepted agreements to keep the borders as they are, and then we invented nuclear weapons and froze the borders via MAD.
The modern world is a beautiful but fragile place. If we let any of the supporting structures - whether social or technological or military - snap, the whole thing will collapse like a house of cards, and the few people that survive it will be back to prehistoric savagery. Not because they'd suddenly get dumber, but because they'd have lost all the social and technological structures that makes humanity what it is today, and they'd have to rebuild it from scratch, the hard way.
You can only be given a sentence for the crime you have been convicted of, otherwise you could easily appeal.
> Is this reasonable? Should we be satisfied with how this works and not want to change anything about it?
It doesn't work like that, and I wouldn't be satisfied by a court system that does work like that. It'd fucking disastrous. If anyone convinces you that it does work like that, they are either a scammer, or want to make the law system _very_ scary.
https://en.wikipedia.org/wiki/Habeas_corpus_in_the_United_St... which have been there for _many_ years. Its a common law principle that at least twice as old as the USA.
That's part of the point. The maximum penalty for many nonviolent offenses is absurd.
> One of the reasons we have so many felonies these days is because sentencing someone to jail for a single day on a misdemeanor offense for stealing a pack of gum for the 20th time can require a jury trial just as onerous as a felony offense with a 20 year sentence.
But why is this a problem? The purpose of the trial is to deter the other million people who would have committed petty crimes if they weren't prosecuted. It doesn't matter if the trial costs ten thousand times more than the value of the stolen goods. Moreover, if the sentence would actually be one day then guilty people would just plead guilty without coercive plea bargaining because it's less trouble to serve one day in jail than to waste two weeks of your life going through a trial and then serve one day in jail anyway.
Whereas if you're innocent you may very well be willing to spend two weeks at trial to clear your name, vs. the status quo where if you try to do that you'll be charged with a dozen vague offenses that everyone commits in the course of an ordinary day but are only charged against people who demand their day in court instead of accepting a plea for some other offense the prosecution isn't sure they can prove, all of which have coercively onerous penalties.
> One of the most interesting theories however is Ernst Fraenkels "The Dual State". Fraenkel asserts that Nazi Germany is a dual state where the normative state (the state based on the rule of law) coexists with the "prerogative state" (the state not bound by law). While some swaths of society such as the relation to private property, the civil law etc. continue to function on the basis of codified norms (think the building code, neighbor disputes, companies suing each other, "ordinary" criminal law, stuff in relation to ownership of private property), some parts of the state were unbound by the Nazis such as the prosecution of political opponents, the camp system etc. Fraenkel further asserts that once the prerogative state is established, it has a very strong tendency to expand into the territory of the normative state and that state actions once unbound will cause enormous havoc in a certain sense.
This theory kind of generalizes my statements upthread, expanding them to cover authoritarian states. Any kind of society we could label as authoritarian state is by definition already way too large to be fully micromanaged by the people at the top. Such a state has to retain a quite substantial "normative state", as Fraenkels calls it - and this state is what my arguments about intersubjective beliefs apply to. When people stop having faith in the "normative state" - whether because of "prerogative state" overreach or other forces - the whole thing collapses, and not even the strongest tyrant can hold it together.
In particular, the chat logs allegedly contain multiple separate instances of murder for hire, but then the claim that Ulbricht had already been sentenced to life without parole as the reason these claims were never prosecuted doesn't make sense, because a conspiracy to commit murder has multiple parties, so where are the murder prosecutions of these alleged contract killers and co-conspirators?
When the Nazis captured power, they did so by excluding the legitimate (and lawful) parliamentary opposition from key votes in parliament by (unlawfully) imprisoning opposition parliamentarians. In a strictly legal sense, this made their entire regime illegitimate from the outset.
What you fail to grasp is that a regime like Hitler's is constitutionally and ideologically incapable of being "lawful", i.e. having any set of laws and norms that would apply consistently, even if these laws were shaped by their own ideology. The whole point of Hitler's leadership was that laws were irrelevant and completely subservient to facilitating his twisted idea of Arian racial domination, with even the "German" society being completely dominated by the "Ubermenschen" that he hoped to create out of the murderous struggle of war.
Even the ancient Romans and Greeks would have recognized the Nazi regime as "unlawful". While the roman empire was a dictatorial regime, it had a mostly consistent set of laws and norms that even the Cesar had to abide by (though these laws gave him tremendous power in comparison to modern democratic executives). "Personalized" regimes in contrast are not build on laws, but revolve around the whims and/or ideology "the leader". You can see some aspects of this in Trump's approach to governance, though the US is obviously still a long way away from the extremes that the Third Reich went to.
I've seen this sentiment expressed before, including with the movie "The Purge" (that I admittedly haven't seen, but I understood the concept as law becomes suspended for a day and everyone becomes violent). That idea that the only thing keeping people safe is the rule of law seems absurd to me.
There's a sense of empathy, there's religion (e.g. desire of heaven and fear of hell), there are family values (keeping extended family ties together which can induce pressure to do what's considered right), a concern over reputation, a sense of unity with one's culture and wanting the betterment of one's people, collectivism (the psychological/social tendency to put others before oneself), stuff like not wanting to bring shame to one's parents and extended family, a hate for hypocrisy, a simple lack of any desire to be violent, etc. etc.
I like to believe that between most people and their potential for violence, there's a lot of things besides the rule of law. Law enforcement is for outliers that have a desire for violence and nothing else to stop them.
If law enforcement would disappear from one day to the next, people would be less safe, but I don't think to the point that you'd have "few survivors of that event", especially if you consider just a single country/culture going through that experiment, since this probably depends somewhat on culture and its particular values. I'm more inclined to think that life would mostly just go on as normal, carried by habit/convention and the values we instill in offspring.
It’s far less nasty than invading, freeing the people from their government and installing a puppet in its place. Also a lot cheaper. Any missile could pay for a school.
The original sentence was two life terms. TO be pedantic, it sounds like you meant to say he deserved sentencing, but not the original sentence.
If you're convicted of a crime, let's say selling drugs, that carries a penalty of up to life in prison even though most people get 5-10 years, and then you're sentenced to life in prison after the person doing the sentencing is prejudiced by these murder allegations you've never been convicted of, what's your basis for appeal?
If the stats from the Innocence Project are correct[1,2], then it would also mean that nobody is above being a victim of the rule of law, either.
The rule of law is not infallible - and any sort of blind "rule of law" worship is akin to the worship for a dictator; its just merely dressed in different clothing.
[1] - https://innocenceproject.org/exonerations-data/ [2] - https://falseconfessions.org/fact-sheet/
I try to interpret what others say with maximum charity and construe their arguments in their strongest possible form, even if they weren't expressed that way. I'm interested in discovering why we disagree, not winning debate points. The hardest discussions are often those where they never seem to understand my position or are unwilling to respond to it. This leaves me with little choice but to meta-up to the 'protocol level' to re-establish productive communication.
In the conversation above, I suspect, based on hints in the last response, that the root issue may have been that a moral equivalence between Ross and Pablo Escobar was neccessary to make Trump pardoning Ross a maximally negative talking point against Trump.
If so, the discussion could never really be about what it appeared to be about: the relative criminal or moral weight of Ross' crimes or the appropriateness of the sentence. Which is a shame because it prevented ever reaching more interesting ground. For example, I wish the pardon had been a commutation instead because Ross was justly convicted of significant crimes before he was over-sentenced. The wrong which needed to be righted was the sentence not the conviction.
Suppose it's 1940. You know that Hitler ordered Aktion T4, and conclude that Hitler wants to kill people. Then, you learn that he opposes smoking because he doesn't like it killing people. You shouldn't start doubting that he's the sort of guy to sign mass death warrants: you've learned some information about his internal thought processes, but it's not very useful information if you want to predict his future actions.
"Orthogonal" is subjective. All things are interrelated. That does not mean that our descriptions should be highly-sensitive to noise. Update your internal model of his behaviour, by all means, but if you have predictions that don't require that internal model, consider whether or not this evidence should actually affect those predictions.
The laws on the books today hardly get enforced. Ross Ulbricht is one of the very few people to go to prison for crypto-related crimes. You probably agree that many people involved with crypto deserve to see the inside of a courtroom, but they won't. So not only is the justice system not capable of processing the people currently in jail (despite copious plea coercion) the justice system has almost completely given up on persecuting many crimes (e.g. fraud), presumably for lack of manpower.
All countries struggle with this resource problem. We want to give everybody a fair trial but we can't. Some countries force pleas on people. Other countries rush trials. Other countries still beat confessions out of people. Different 'solutions' to the same fundamental problem. Unless fair trials get cheap there is no way out.
you've just described orthogonality between his stance on smoking and his real-life mass-murderous actions. And as far as i see it is very objective orthogonality.
I still support the abolition of all bans and controls on access to drugs.
Destroying one’s own self has no victims, any more than bodybuilding does. If we should be free to build ourselves, we should be free to destroy ourselves.
Please don’t assume anyone who disagrees with your philosophy is naive or lacks empathy.
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.
> so the judge develops the intuition that a new defendant is very likely guilty.
A good judge wouldn’t do that. Also by and large random people are relatively dumb and biased. Why exactly are they less likely to convict an innocent person? (Let’s assume that the conviction rate is the same in both cases)
I bet all problems could be solved using this approach. What could go wrong..
I guess the psychological aspect of clamoring for a strong leader would need more deep diving. Serhii Plokhy and Martti J Kari have talked about this in regards to Russia, those are available as Lex Fridman interview and youtube lecture: a strongman, even with downsides, is still preferrable to a weak leadership that is unable to defend against external threats or internal chaos.
The reader's pronounciation of German is quite incomprehensible though (book is in English). Völkischer Beobachter is not easy.
you can appeal the sentence as being "too harsh" or out of the normal bounds. That's fair game and quite common.
However, if you are convicted of drug trafficking, money laundering and criminal enterprise, and you are appealing the length of the sentence, its very difficult to appeal if your system/company organisaiton to which you admit to being the head honcho of, uses a very traceable currency to launder money, and therefore can reasonably prove spectacularly large amount of drug trafficking.
The criminal enterprise charge has a minimum of 20 years, adding in drugs to the mix adds an additional 10.
the whole "judge was biased because of unfounded ordered assassination" is plainly wrong.
Sure you can argue that drugs should be legal (but you need support and money to help people escape, see opioid explosion)
but thats not the same as Roos Ulbricht got the wrong sentence. What he did was really obviously illegal, and at industrial scale. industrial scale illegality is going to get you a long sentence.[1]
[1] yes rich people manage to escape justice, this is an affront to justice, but arguing that Ulbricht was wrongly convicted only enables rich people to get off more, because it wrongly states that the law was wrong in this isntance.
Mark my words, the US legal system is going to get a huge shakeup. most constitutional checks and balances for the executive have been dismantled, because of a failure of congress. You don't want that new legal system, as thats going to be injustice for many, control for the few. A central plank of libertarianism is a fair and equitable legal system, we are straying further from that.
There are laws in Germany that make it a crime to condone a crime (forgive, overlook, allow, permit )
Some German courts have ruled that the slogan "between the river and the sea" is condoning the unlawful removal of Israelis or that the slogan is firmly attached to Terrorist Organization Hamas (therefore is by default a criminal statement )
Plenty of people have been fined for chanting the slogan at German protests against the current conduct of Israel in Gaza and West Bank.
There isn't a German law that states "it is illegal to criticize Israel" but laws like the following have been used to punish people criticizing Israel, in Germany:
https://www.gesetze-im-internet.de/stgb/__130.html
Some German courts have thrown out some of these cases, they don't agree the Condone Crime laws can be applied to chanting 'between the river and the sea'
1. https://www.supremecourt.gov/opinions/24pdf/23-6573_m647.pdf
What's interesting with that is that I think it is wrong, the part against 'external threats'. France during the revolution was attacked by everyone, and despite absolutely no leadership, managed to beat back, well, everyone. By deferring power, it made its army stronger. Yes, then some the people the republic deferred power to then took the rest of it by force, but the laws were weak and the culture not set yet.
That's what I'm getting at. The premise is that this guy is Al Capone. But if he was actually guilty of murder then they should have convicted him of murder, whereas if he was only guilty of running a website, those penalties are crazy. Not because they don't ever get handed out or Congress didn't put them in the statute, but because they have within them the assumption that you're a drug cartel. And then because drug cartels are murder factories, the penalties are extreme and inappropriate outside of that specific context.
But the courts are bound to follow the law, which is the problem, because those laws are nuts. They're even nuts in the context of the actual drug cartels, because what they should be doing there is the same thing -- getting severe penalties by charging them with the actual murders, not putting life sentences on the operation of a black market regardless of whether or not there is any associated violence.
It's the same reason people are so eager to lean into the unproven murder allegations to justify the sentence -- it's intuitively obvious that without them, the penalties are excessive.
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.
Yes, he was guilty of running a website, which on the face of it seems innocent right? Sure thats an argument. "i'm just providing an online location for this to happen, but I don't know whats going on"
Apart from he was _also_ running an escrow service, Now to run an escrow service you need to create a contract with conditions to allow money to be released. The problem is that to say "oh he didn't know what was going on" is a provable lie, because to keep the escrow trustworthy, you need to arbitrate, to arbitrate requires knowing what was supposed to be delivered and why it didn't get delivered.
Now, escrow isn't free, you're taking a risk holding that money. So Ross takes a cut.
But the problem is, that money comes from illegal activities. He knows this, so he needs to find a way to make the money legit. This means fraudulently laundering it.
The problem there is that when you combine laundering money and drugs trafficking, you get compound sentences. see https://www.ice.gov/news/releases/operation-foxhound-nets-47...
which has:
> Those arrested face sentences of 10 years to life in prison for the narcotics violations and up to 20 years for the money laundering violations.
However
I want to find agreement, because I want to make sure that understand I'm not saying your viewpoint is wrong, I think your anger is directed in the wrong place.
The sentence is within tolerance for the scale and combination of offences, the murder allegations are a red herring, and didn't materially affect the sentence.
For a large number of drug users, silkroad provided a safer way to obtain drugs, both in terms of violence and quality.
The people that ultimately set the bounds for these sentences are congress. They have chosen the war on drugs, which I think we can agree has caused more violence that it has stopped. The courts did exactly as they are supposed to do with the laws that they had at their disposal. The way the court operated was correct.
What is not correct is the federal governments approach to drugs.
It's not even that. It's a matter of, okay, there is a gas station next to the highway. They sell gas to anyone who shows up. "They don't know those people are speeding", wink.
They know those people are speeding. If you went up to the average gas station attendant and asked them if they knew their customers were speeding, they would probably admit they know, because the speed limit is below the speed of the median car and everybody knows it. You may also have other ways of proving they know. They may even know in specific cases rather than just in general. So they're knowingly making money from all of this illegal activity. A dangerous offense that causes thousands of fatalities. Literally making more money than they would otherwise, because cars use more gas at very high speeds, and knowingly enabling the unlawful activity, because those cars don't run without gas.
Should gas station workers all be in prison for life, or is that a crazy penalty for that type of offense?
> The sentence is within tolerance for the scale and combination of offences, the murder allegations are a red herring, and didn't materially affect the sentence.
There can be more than one source of the problem. I'm not disputing that Congress has passed some bad laws.
The issue is, there is still a range of penalties for that offense, and he got the very top of the range. For some reason.
The conviction rate can't really tell you anything because prosecutors will calibrate to bring cases they think they can win in a given system. Systems willing to convict more innocent people will have similar conviction rates but more innocent defendants.
> A good judge wouldn’t do that.
What about a human judge?
> Also by and large random people are relatively dumb and biased. Why exactly are they less likely to convict an innocent person?
Because you have to convince all twelve of them.
Name the jurisdiction(s) where the proposed solutions (e.g. drug legalization) are currently being attempted but aren't working.
> The laws on the books today hardly get enforced.
In large part because there are too many of them.
> Unless fair trials get cheap there is no way out.
You claim the other solutions don't work but how do you propose to achieve that one?
The only solution that actually works is to reduce the number of cases.
I was thinking more along the lines of taking a system that isn't just or fair, and making it more just and fair.
See, I wasn't really concerned very much by profitability and efficiency, more about what is good and right.
Silly me, I guess.
When having these conversations, it’s easy to stand on the moral high ground and forget that we also live among monsters, and alongside organizations that turn regular people into the instruments of monsters. There are a lot of people in this world that have chosen to be incompatible with coexistence in civil society, or to be part of an organization that has chosen to be so.
These people actively do grave harm to other people. Sometimes, the only way to prevent more harm to innocent people is to remove those individuals from the world.
That said, I don’t know anything of the veracity or motivations behind the allegations brought against DPR in this regard, and for whatever reason, his legal circumstances were crafted so as to make sure that the public would also remain ignorant of the details of those circumstances.
While I do not know any of the details involved, I am deeply suspicious of the manipulations of the FBI in cases such as this, having been in proximity to some of their other shenanigans. It’s definitely inside the realm of reasonable speculation to imagine that they may have created a situation where not only was it convenient for DPR to eliminate his “competitor”, but he would be doing a noble thing in the process.
As an example , one of their “successful anti terrorist operations” a few years back involved a mentally challenged person was manipulated by the FBI into a “terrorist” plot where he thought he was “saving the world”…. So they -definitely-do that kind of thing. The Walmart judiciously wouldn’t sell him a gun (he is obviously and apparently challenged) so they sent him back to buy a bb-gun and arrested him coming out of the store.
Because of this and many other examples of behavior with depraved impunity, I am inclined to give DPR the benefit of the doubt on this, in the absence of much more specific and reliable information.
Your "US bad because invasion" is a tankie frame. Yes, that refers to the Tiananmen tanks.
I understand that you could face charges if you criticized a group of people and expressed something that can be interpreted as a call for their elimination.
Pretending that those charges are for the criticism doesn't seem right, though.
My friend, what are you babbling about? Did you hallucinate me saying that China is my model of a utopian society?
Again. Which countries has China invaded or toppled, outside of the imaginary ones you yearn for in your head? Is the list close to that of the US?
>Your "US bad because invasion" is a tankie frame. Yes, that refers to the Tiananmen tanks. (??)
I'm a tankie because I think invasions are bad?? What does that make you, a frothing bloodthirsty hawk? A despotic militarist?
Or will now attempt to argue the tired and ahistorical trope that those other invasions were good actually because Pinochet or Suharto were actually secretly democratic and the thousands they murdered aren't important, and it was good that Arbenz was toppled because he actually wasn't democratically elected and was infact a rabid communist in disguise and the United Fruit Co. lobbying was just a coincidence etc. etc.
If so don't bother. I'm not wasting anymore time talking to one bereft of ordered thought, spinning baffling word associations and tired tropes. I'm not interested in discovering to what extent daily life presents a sisyphean ordeal to you.
The illegality of drugs is a government reaction, since governance failed to do anything with the problem by action. No-one deserves a life-long sentence in prison for that. This market, as well as minimal competition, lack of regulation, and high margins was created by the same power which sends people to jail.
You don't become guilty or innocent based on legal proceedings. The point of a case is to establish guilt for the purpose of punishment.
But an innocent person doesn't become "guilty" even when the evidence shows that in the court. A guilty person remains guilty whether a court can prove it or not.
If you've known anyone addicted to the list of things you mention, you should know that at some point, they are no longer "free to destroy themselves". They are continuing to destroy themselves out of a chemical or phycological necessity. The people who deal drugs or own casinos are running predatory businesses and it should be illegal, just like other predatory business practices are.