Hacker News new | ask | show | jobs
by randyrand 3913 days ago
I agree but if they also want to use the strict punishment to deter then it would probably have to be more than that.
2 comments

I don't have an opinion on this particular issue, but I do think it's kind of sad that people think it's ok to punish person A in order to influence the behavior of some other unknown group of people. It seems to me like your punishment should fit the crime under the sole consideration of those actually being punished. Otherwise, you're just making people pay for crimes they didn't commit.
The threat of jailtime has always been used to deter crime. It's a large part of the reason people don't commit crime all the time.

People would have no reason not to commit crime if the stakes were "give back what you stole". "Fitting the crime" includes deterrence up to a sane amount. In general the punishment needs to be more than the crime. Say ~5x. Steal $1,000. Pay $5,000 "worth" of your time in jail.

What sentence would be sufficient, if 10 years isn't?
Simply for running a drug market, with no additional criminal conduct? Just the nuts-and-bolts of running the site, setting up Tor, taking money, that kind of stuff?

1-2 years seems about right.

You think about the very low barrier to starting a site like that up, and then you think about the kind of person likely to stumble into that scheme, and then what it would take to deter them and others from trying it, and it seems like you want enough of a sentence so that it's for real, but nothing more than that.

But for paying to have people killed? Life seems appropriate. Maybe, if you want to take a more Scandinavian approach to sentencing, you'd say "10-15 years". Long enough that the convict comes out of prison effectively living a different life than they were before. Enough to completely disrupt their previous connections.

1-2 years? Heck, thats not much risk to start a hugely profitable drug market. I'd take that risk if you could ensure I only get up to 2 years.
hmm running a drugs market is a criminal conspiracy so I'd imagine a high number for that alone, quite apart from the deaths of users. not sure if his defence team were more inept or desperate from the article
I understood the question to be "what's a sentence you can defend from first principles". In fact, the deaths of Silk Road drug users played a huge role in his sentence.