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94. Is the law valid as applied to the woman?
A woman was charged with a felony. After charges were filed but before the woman's trial, the state passed a law requiring any convicted felon to make a payment to the victim of the crime. Under the law, the payment «shall be such amount as the court may find appropriate at the time of sentencing, taking into account the gravity of the offense, but shall not exceed $25,000.» The law applies to all defendants whose trials or guilty pleas take place after the law's passage.
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B is incorrect. Procedural due process requires that the government provide notice and an opportunity to be heard before depriving someone of a liberty interest or of an interest in property. The woman received that notice prior to trial, and the law provides an opportunity for a hearing. However, the law is an unconstitutional ex post facto law as applied to the woman since the law was passed after the woman committed the crime.
C is incorrect. Whether or not the law is rationally related to a legitimate government interest is not the proper standard. The ex post facto clause is violated by laws that increase the punishment for a crime after the crime was committed.
D is incorrect. The law is punitive because it increases the consequences of having been found guilty of committing a crime. Additionally, the law violates the ex post facto clause because it increased the woman's punishment after the crime was committed.