Defendant Must Pay Crime Victim Rights Assessment
In People v. Earl, the defendant appealed an order to pay a $130 crime victim rights fee. This case originated in the Oakland Circuit Court. The Michigan Supreme Court released their opinion on this fee increase March 26, 2014.
In the appeal, the defendant challenged the requirement to pay the assessed $130. The Crime Victims Rights Act gives victims of certain offenses the right to be notified and to participate in criminal proceedings. In turn, this is funded by fees paid by those convicted of crimes.
At the time the defendant committed the offenses, the law set the fee at only $60. However, in 2010 the law increased the fee to $130. Â At sentencing, the defendant was ordered to pay the higher amount.
The Constitutions bar ex post facto lawsâwhich  stops the application of a law to an event that happened before the law went into effect: (1) if it punishes an act that was not illegal when committed; (2) if it increases a punishment for a crime; or (3) if it allows a defendant to be convicted on less evidence.
Determining whether a law is in violation is a two-step process. The first question is whether the Legislature intended the law as a criminal or civil remedy. If it is a criminal punishment, it is in violation. If it is a civil remedy, the Court must look at whether it is so punishing in effect or purpose that it becomes a criminal punishment instead of the intended civil remedy.
The fee is used to fund crime victimâs services
The Court found the fee to be a civil remedy. The law uses the word âassessâ to indicate that the intent is not to punish people. In addition, this involves a low enough flat fee where every affected person pays the same amount of money regardless of the severity of the criminal charges. Also, the fee is used to fund crime victimâs services which promote welfare and public safety.
However, if the fee had been excessively high so that it seemed like a punishment, the Court may have come to a different conclusion.
In sum, the Court found the increased fee did not violate the Ex Post Facto Clauses of the state and federal Constitutions. Therefore, the Court affirmed the judgment of the Court of Appeals.
The trial lawyers at The Kronzek Firm PLC, represent criminal defendants statewide.