Source: sentencing.substack.com 10/13/25 This term, the Supreme Court will hear the case of Ellingburg v. United States, which asks whether criminal restitution under the Mandatory Victims Restitution Act (MVRA) constitutes punishment for purposes of the Ex Post Facto Clause. The Clause prohibits retroactive increases of criminal punishments, ensuring that the government cannot change the rules after the fact to impose harsher penalties. Criminal restitution — the money paid by a defendant to a victim — has grown into one of the most troubling, yet least examined, features of modern criminal sentencing. Unlike criminal…
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Taking Child Pornography Seriously by Improving Restitution for Victims
Source: heritage.org 8/4/25 With President Trump again in office and the Justice Department under new leadership, this is a good time to evaluate the vital task of providing restitution for victims of child pornography. This Legal Memorandum explains the unique nature of child pornography and how it impacts victims and highlights ways in which it has not been taken as seriously as it should be. It then examines how the Supreme Court’s misguided interpretation of the existing restitution statute in Paroline v. United States actually made obtaining restitution more complicated…
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