Hacker News new | ask | show | jobs
by rob74 1306 days ago
The fact remains that someone should be considered innocent of a crime until proven guilty. If the prosecution couldn't prove that he hired a hitman (sounds like they didn't even try), then that shouldn't influence his sentencing.
1 comments

That’s not how it works. The evidentiary standard for a jury is “beyond a reasonable doubt” but for the sentencing judge is “preponderance of the evidence”, with the caveat that the judge can’t use that to hand down a sentence harsher than legally permitted by what the jury convicted on (in this case narcotics distribution - resulting in deaths of overdose victims).
At the very least, the 2 agents involved in his case being found to be corrupt and having forged evidence, should cast additional doubt on the murder for hire.

I'm not saying he didn't do it, but had that been known at the time, I think it would have been less decided that his sentencing should take the alleged murders for hire into account.

He should be tried for that separately at this point

It went to appeal and all those points were addressed. But I agree that it would have been much better to actually prosecute those murder-for-hire charges. Even if acquitted, the judge can still take the accusations into account during sentencing (due to the different evidentiary standards).
> That’s not how it works

No one is arguing about how it works, they're arguing how they think it should work. Otherwise there would be no discussion here at all.