[icebraining]

I think a heroin dealer who is convicted of telling his lackies to beat up the competition should face a longer sentence than a heroin dealer who initiates no violence. Increasing the sentence based on unproven allegations just sounds like bad justice to me.

[ubernostrum]

There is a body of law related to how these types of facts are established, and which types of facts can be determined by a judge vs. which must be put to the jury.

[icebraining]

I'm sure there is. That doesn't mean I have to agree that it's good and proper justice.