Justice Gorsuch on the Right to Trial by Jury and Restitution
From Justice Gorsuch’s dissent from denial of review today in Rimlawi v. U.S.:
The Fifth Circuit held that a judge may order restitution in a criminal case based on his own factual findings, without the aid of a jury. About that, I have my doubts.
Consistent with the Sixth Amendment’s promise of a trial by jury, this Court has held that “[o]nly a jury may find ‘facts that increase the prescribed range of penalties to which a criminal defendant is exposed.'” That means a jury must find both those facts that increase a cr
Article from Reason.com
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