The Silk Road Lives On

While Its Founder Rots in Prison

Do severe punishments actually deter crime? And if so, to what measure? Are those likely to commit crimes deterred more by the threat of severe punishment or the likelihood of getting caught? These are questions legislators constantly consider when evaluating the potential changes that need to be made to the criminal justice system. The case of Ross Ulbricht serves as powerful evidence that severe, long and inhumane prison sentences do nothing to deter criminal activity and ultimately succeed only in robbing the individual of any chance at reform or rehabilitation.

The research paper published by Minnesota House Research Department, Do Criminal Laws Deter Crime? Deterrence Theory in Criminal Justice Policy: A Primer, describes deterrence as:

..the theory that criminal penalties do not just punish violators, but also discourage other people from committing similar offenses. Many people point to the need to deter criminal actions after a high-profile incident in which an offender is seen to have received a light sentence. Some argue that a tougher sentence would have prevented the tragedy and can prevent a similar tragedy from taking place in the future.

In the case of United States vs. Ross Ulbricht a.k.a Dread Pirate Roberts a.k.a Silk Road, the decision made by the judge demonstrated that she was a big proponent of deterrence theory as a result of excessive punishment. She used it as justification for her decision to sentence him to life in prison without the possibility of parole. The rationale behind this sentencing is as concerning as it is ineffectual.

The Story

In 2011, Ross Ulbricht, a twenty six year old idealistic libertarian from Texas, developed the Silk Road website with the hope that it would serve as an empowering platform for individuals to securely, anonymously and safely obtain and sell illegal substances. While small at first and only catering to small-time drug dealers interested in shuffling around mushrooms and pot, it grew quickly into an enormous online drug emporium. The site, while embracing the quintessentially libertarian ideals of returning power to the individual, was also operating under extremely illegal pretenses.