Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
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When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
|---|---|---|---|---|---|---|
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New Mexico | State v. Mabry, 630 P.2d 269, 273 (N.M. 1981) |
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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Yes. Only the legislature can establish penalties for criminal behavior. |
"[T]he scope of our review is here limited to whether the Legislature had the power to enact these statutes. It has long been recognized in this state that it is + See moresolely within the province of the Legislature to establish penalties for criminal behavior."
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Fines and fees |