zlacker

Judges are allowed to consider some evidence during sentencing which was not presented at trial. The standard for this evidence is lower than the "beyond a shadow of doubt" standard required for a criminal conviction. This is allowed because during sentencing the judge is considering information related to the history and character of the defendant. The 'hiring an online hitman' (who was an FBI informant) allegation was never charged or tried. Even if it hadn't been obvious entrapment, it might well have evaporated under discovery and cross-examination by a competent defense.

Including such evidence in sentencing consideration is not uncontroversial in the U.S. However, it can cut both ways, in that a judge can consider extenuating circumstances in a defendant's life to reduce sentencing. We want judges to evaluate cases and make sentencing adjustments where appropriate. So, I don't think I'd do away with the practice. The real issue is that this specific judge went absolutely bonkers far beyond the 20 years the prosecution asked for during sentencing (which was already very high) and sentenced Ross to two life sentences plus 40 years without parole.

Most of us who are happy that Ross was pardoned agree that he was guilty and deserved a jail sentence for the crimes he was convicted of. The only problem is the sentence was so wildly excessive for a non-violent, first-time offender. Compared to guidelines and other sentences it was just crazy and wrong. Ross has served over ten years. Now he's free. That's probably about right.

>>mrandi+(OP)
Calling him a non-violent first time offender is very odd given the magnitude of what his crimes were. He created a very large scale marketplace for all things illegal. Independent of his own hiring of hit men (hello non-violent?), selling substances that lead to overdoses, guns, bomb making materials, etc is certainly my definition of violent. Then add the scale; I fully agree with life sentence without chance of parole. This pardon is shameful.

>>azinma+Ju1
The silk road did not sell guns and bombs.

>>idunno+zI1
I saw it when it was active.

>>mrandi+(OP)
On the one hand you say we should retain judges making sentencing adjustments where appropriate, but who judges the appropriateness of the adjustments?

It sounds like if an extenuating circumstance resonates with a judge, then the sentence will get modified. Sentencing shouldn't be based on a single person's "feelings."

>>idunno+zI1
Yup. And just for some context regarding guns at the time; during the years Silk Road was active it was perfectly legal for me (in the state of Virginia) to buy a gun from another citizen cash in hand without ever showing an ID, filling out a BoS, or any paperwork whatsoever.

>>idunno+zI1
I don't understand why people keep stating Silk Road did not sell guns.

Here's a thread in a forum where someone quotes Ulbricht's message stating Silk Road will no longer sell guns.

https://bitcointalk.org/index.php?topic=66587.msg1079466#msg...

>>butlik+LS1
Ultimately responsibility lies with the people electing either judges directly or representatives who appoint judges. We must choose people of proper demeanor who will make sound decisions when required. It takes effort on our part to be knowledgeable and vocal, but it's the price for living in a world where we are not at the mercy of unfeeling automatons.