Iowa Supreme Court holds that the 6th Amendment requires a jury to find facts that increase or decrease punishment, if such would be punitive/punishment as part of a criminal case. $150,000 restitution in a death case is punitive, and as such, requires a specific finding that the Defendant caused the death if there is an absence of such in the elements of the offense. Guilty verdicts for assault causing serious injury and conspiracy to commit murder did not require a finding that the Defendant actually caused the murder.  Although the restitution statute did not require a finding of causation, the constitution does require such a finding when such would increase punishment. Therefore the restitution verdict had to be reversed.

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