Particularly after the Supreme Court's 2026 opinion in Ellingburg v. United States, it's far from frivolous to argue that restitution payments are penalties and hence criminal defendants have a right to a jury trial on that issue. The Supreme Court basically held precisely that in Ellingberg, at least as applied to the federal Mandatory Victims Restitution Act.
But if you're going to make that claim, as a tactical matter, it's probably best not to do so -- as here -- in the context of a conviction for forcible rape of a college freshman.
