People v. Earl

Summary

The Michigan Supreme Court held that retroactive application of an increased crime victim’s rights assessment did not violate the Ex Post Facto Clauses of the United States or Michigan Constitutions. The Court concluded that the assessment was a civil remedy rather than criminal punishment and was not so punitive in purpose or effect as to overcome the Legislature’s civil intent.

Holdings

1. The crime victim's rights assessment is a civil remedy rather than a criminal punishment.
2. The assessment is not so punitive in purpose or effect as to negate the Legislature's intent to deem it civil.
3. Retroactive imposition of the $130 crime victim's rights assessment did not violate the Ex Post Facto Clauses of the United States or Michigan Constitutions.

Questions Presented

1. Whether retroactive application of the increased crime victim's rights assessment violated the Ex Post Facto Clauses of the United States and Michigan Constitutions.
2. Whether the crime victim's rights assessment is a criminal punishment or a civil remedy for purposes of ex post facto analysis.
3. If the assessment is civil, whether its purpose or effect is so punitive as to negate the Legislature's intent to deem it civil.

Disposition

affirmed