The U.S. is rather unique in providing a right to jury trials for most--in practice almost all, including misdemeanor--criminal cases. And this is a major factor for why sentencing is so harsh and prosecutions so slow in the U.S. In myriad ways the cost of criminal trials has induced the system to arrive at its current state favoring plea deals, with overlapping crimes and severe maximum penalties as cudgels. Be careful about what kind of "protections" you want to impose.
It isn't supposed to cut both ways. The prosecution is supposed to have the higher burden, and admitting unproven allegations is excessively prejudicial.
> In myriad ways the cost of criminal trials has induced the system to arrive at its current state favoring plea deals, with overlapping crimes and severe maximum penalties as cudgels. Be careful about what kind of "protections" you want to impose.
The lesson from this should be to make the protections strong enough that they can't be thwarted like this. For example, prohibit plea bargaining so that all convictions require a trial and it's forbidden to impose any penalty for demanding one.
It's not supposed to be efficient. It's supposed to be rare.
This standard is an enormous document, https://www.ussc.gov/guidelines which lays out the rules for adjustments. Evidence is admissible (by both sides!) for sentencing, with a lower standard of evidence and burden of proof, to either raise or lower the sentence within the very wide numbers of what the conviction was for. So the Judge in this case found that the lower burden of proof was met for additional violent crimes being committed (with Ulbricht's legal team having an opportunity to rebut), and that impacts the sentencing calculations.
Not a lawyer, but I have listened to US lawyers on podcasts.
Is it? Preponderance of the evidence is basically “more likely than not”
A preponderance of the evidence is the greater weight of the evidence after all evidence is considered. Heuristics along the lines of "yeah that fits my priors"—which is what is actually meant by "more likely than not"—are explicitly disallowed.
If Joe Smith in Smalltown, Ohio was hit by a blue bus, and hammock owns 51 of the 100 blue buses in Smalltown whereas torstenvl owns 49 of the 100 blue buses, that is insufficient evidence by itself to prevail by a preponderance standard against hammock in a civil suit.