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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”, wit
by jahewson 4y ago
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).
- pcthrowaway 4y agoAt 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
- jahewson 4y agoIt 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).
- from 4y ago> 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.