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Silk Road Founder Ross Ulbricht Sentenced To Life In Prison
An anonymous reader sends an update on the trial of Ross Ulbricht, the man behind the Silk Road online black market. Sentencing is now complete, and Ulbricht has been given life in prison. He had been facing a 20-year minimum because of the charge of being a "drug kingpin," and prosecutors were asking for a sentence substantially higher than the minimum. Prior to the sentence being handed down today, Ulbricht spoke before the court for 20 minutes, asking for leniency and for the judge to leave him a "light at the end of the tunnel." The judge was unswayed, giving Ulbricht the most severe sentence possible. She said, "The stated purpose [of the silk road] was to be beyond the law. ... Silk Road's birth and presence asserted that its creator was better than the laws of this country. This is deeply troubling, terribly misguided, and very dangerous." Ulbricht's family plans to appeal.
That was a last resort to curb the fact that otherwise, AK47's were being trafficked right along side the illegal drugs. So they made the drugs legal and came down hard on the organizations responsible. In no way does that imply that unrestricted free trade of all objects and substances is a good idea, or beneficial to anyone.
As a Portuguese citizen, I call bullshit. The reason why personal consumption was decriminalised was due to physicians seeing that the war on drugs was causing drug use and HIV (due to contaminated syringes) to rise instead of lowering it.
Since the decriminalisation in 2001 drug usage has actually dropped in Portugal.
Here's my point. When I read about the Ross Ulbricbht court, what comes across to me is that the judge is saying "blah blah yadda yadda legal stuff and now here is MY OPINION" which will vary from judge to judge. But surely justice must be consistent? You shouldn't have one judge convicting a person for making an urgent phone call, but a different judge effectively exonerating a policeman for not driving with the care required by his job. And you shouldn't have a judge handing down an entire life sentence when another judge would most likely have given a sentence of 10-20 years.
I am undoing moderation to post this, because I have seen similar comments everywhere covering the story, all moderated up, and it simply isn't true.
Yes sentencing should be consistent which is why we have sentencing guidelines, and this judge followed them. He was convicted of running a continuing criminal enterprise which has a mandatory minimum sentence of 20 years. And it gets worse when you add up the offense levels in the guidelines for his crimes: It was demonstrated that people who took drugs purchased on Silk Road have died from that drug use, which give him a base offense level of 38. The continuing criminal enterprise offense adds 4 points, and since he played an Aggravated Role as the ring leader that adds another 4 points, bringing him to 46 points. The sentencing table for someone with no prior convictions and an offense level of 43 or more is a life sentence, period, and that is before talking about the other five charges he was convicted of! As a judge you would have to present a very strong argument as to why someone with that high of an offense level should get less than life.
The reason he got such a harsh sentence is because our drug laws are so harsh, not because the judge was harsh. Prosecutors have huge flexibility in what they charge people with, and in this case they threw the book at him.