Hacker News new | ask | show | jobs
by api 4117 days ago
While the possibility of entrapment certainly adds a bit of grey, I know that I would never consent even under pressure to "ordering a hitman" under anything but the most extraordinary self-defense circumstances. I would never do that just because I didn't like someone or had some kind of disagreement, or even if that person was doing something bad (but not physically threatening) to me. If I found myself in such a conversation I'd just drop it and walk.

The only situation I can imagine where I might consent to this would be if someone were, say, physically threatening myself or my family and I had clear evidence that they intended to follow through -- and no normal civilized legal recourse.

2 comments

Yeah, that's kind-of the point though.

The government guy could have said "Hey look I think this guy is going to go to the feds and we're all going to go to jail! Give me the money and I'll take care of this problem. If you don't, I'm going to come after you because I'm not going to go to jail for this."

At that point, a person might not feel that they have any choice. And the government gets to claim that "he ordered a hit"

That's a terrible argument. Imagine you just made that threat to me. I will say "No. And if you come after me, I will just turn you in to the feds." And now you're almost assuredly going to jail, which is what you were trying to avoid in the first place. This is a quick way to stick yourself in an impossible-to-win situation and violate everyone's trust.

Anyway, the 'government guy' happened to keep records of what was said, so I don't see why you'd be tied up on such a hypothetical. And Ulbricht could have argued entrapment in court, if that was contested dialog.

> "No. And if you come after me, I will just turn you in to the feds."

Ok so you're going to turn the other guy in to the feds for what exactly? How do you know this other guy? Why would him turning you in to the feds be a problem, unless you're doing something illegal?

DPR: He this guy is doing something bad, arrest him!

Feds: How do you know he's doing something bad?

DPR: Well I run the Silk Road and he told me that if we didn't do something about this other guy, that HE was going to turn us in to you!

Feds: Oh, okay well now you're definitely going to jail.

So your clever arrangement whereby you're going to use the feds to get the guy threatening you to go to jail has now fallen flat on its face, because now you're both going to jail. Which is the thing that you were both trying to avoid in the first place.

Why is the drug trade so violent? Because it exists outside the law and thus there's no one to arbitrate disputes (legally) and so people have to find their own resolution. Hence killing.

It's not a clever argument, it's just the better of two options. If we are killing the guy because he might turn us in, then I should also just kill you because you've threatened to turn me in. There is no way that is a winning proposition for anybody, so it doesn't guarantee any safety for anyone.

If you're willing to kill someone to avoid jail, you better believe I would be willing to turn you in if you've already decided to turn me in because I don't want to kill someone. If we DO kill them, then by the same logic, I should have you killed to.

Threatening the person you are working with to "deal with threats" is just stupid. It just means you have to be dealt with as well.

I'm sorry, but that idea that because it exists outside the law, people can't settle disputes with anything other than murder is complete horseshit. They choose to employ violence, and as such, they are completely and 100% responsible for their actions.
> I'm sorry, but that idea that because it exists outside the law, people can't settle disputes with anything other than murder is complete horseshit.

Please explain to me how two criminals who have some sort of dispute -- like say how to disburse the proceeds from a robbery -- have any recourse through the courts. I'm not saying violence in the ONLY answer, but it's definitely the only one that I can think of that doesn't involve them going to jail.

They can't sue because the thing under dispute is an ill-gotten-gain and thus the court wouldn't adjudicate the issue that is for them at hand but instead put them both in jail for stealing.

What are their other choices? Just suck it up and deal with the fact that they got screwed? Sure, but then the next time a robbery comes around, everyone knows that they can screw you and you'll just suck it up. Yay, free labor! That won't end badly for you will it?

Maybe they can pre-negotiate a contract that specifies how a certain sum of money will be distributed but which doesn't specify how it comes to be? Why would a law-abiding person write such a contract? Take them to court and you might win, but the police might investigate and again you're both in jail.

I'm not saying that there is no possible alternative ever, but your simply asserting that something is true and then providing absolutely no evidence whatsoever to back up that claim isn't terribly convincing.

> Please explain to me how two criminals who have some sort of dispute -- like say how to disburse the proceeds from a robbery -- have any recourse through the courts.

They don't, but that's their own fault. If your life of crime has forced you into such a predicament that murder-for-hire is a more viable option than dealing with the authorities, you only have yourself to blame. The reason that crime pays so well is because criminals take advantage of opportunities that the rest of society agrees to abstain from for the sake of maintaining order and mutual security; if you decide to exploit those opportunities for the sake of enriching yourself, you shouldn't expect society to feel any sympathy for the fact that you one day felt forced to employ violence in order to protect your criminal investments.

"Please explain to me how two criminals who have some sort of dispute -- like say how to disburse the proceeds from a robbery -- have any recourse through the courts. "

I never said they had recourse through the courts. I said they're adults, and are perfectly capable of settling disputes among themselves without resorting to violence. If they choose to resort to violence, that's entirely their fault, and no one else can be blamed for that.

So if someone offered you to kill al-Baghdadi for 10 bucks, you would just say no?