Re:Mothers Are the Unsung Heroes of Prison
by JoeSmithson on Saturday May 11, 2019 @07:46AM
(#19885706)
He wasn't charged with those offences but evidence was produced of them which factored into his sentencing, as Ulbricht ordered the killings to support his drug trafficking operation.
He doesn't need to be found guilty of those offences for it to factor into sentencing. It would be different if the evidence was not produced at his trial, but given that it was produced, the judge can consider it.
Re:Mothers Are the Unsung Heroes of Prison
by dooglius on Saturday May 11, 2019 @01:53PM
(#19887402)
> He doesn't need to be found guilty of those offences for it to factor into sentencing
That seems very wrong to me, the concept of "innocent until proven guilty" should extend to sentencing
Re:Mothers Are the Unsung Heroes of Prison
by luckylion on Saturday May 11, 2019 @02:16PM
(#19887514)
> That seems very wrong to me, the concept of "innocent until proven guilty" should extend to sentencing
That's quite impossible, isn't it? Motives regularly play a role in sentencing and you cannot prove those, only deeds. You can believe it to be very likely that somebody did X because of Y and not because of Z, but you can't prove it.
From my research, this non-fact was brought up NOT in any charge, but was in the sentencing hearing as if it was a found true fact.