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?
> 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.
[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...
(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 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.
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?)
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.
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.
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.
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.
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?
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.
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.
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...
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?
That’s a description of the Scottish “not proven” verdict, not a “not guilty” verdict.
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.
[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.
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.
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.
Well, you can. Its impact is heavily amplified, but there certainly are ill intentions and a desire to oppress people.
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.
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.
lmao
If that isn't conspiracy to murder, I'm not sure there is anything that would qualify.
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.
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.
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?
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...
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)
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.
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.
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.
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.
And here we are
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.
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.
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.
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?
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.
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...
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.
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?
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?
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.
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..
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.
1. https://www.supremecourt.gov/opinions/24pdf/23-6573_m647.pdf
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.