The Supreme Court recently and unanimously held in Ellingburg v. United States[1] that restitution imposed under the Mandatory Victims Restitution Act of 1996 (MVRA) qualifies as “criminal punishment” ...
In 1994, an offender's violation of the registration requirements constituted a fourth-degree offense. However, the statute was amended in 2007, elevating a violation to a third-degree offense. If a ...
Those who practice municipal law in the three states that make up the Seventh Circuit now have a new standard to consider when arguing that a law violates the Constitution’s Ex Post Facto Clause.
The Court granted cert to review whether criminal restitution under the Mandatory Victim Restitution Act is "penal" in character. But the defendant was ordered to pay restitution under a different ...
The increase from a fourth-degree offense to a third-degree one for failure to register was neither punitive nor violated ex post facto clauses of federal and state constitutions, ruled Justice Jaynee ...
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