James R. Mcmillan v. Crime Victims

Claimant, James R. McMillan, filed for compensation under the crime victims compensation act, 1 seeking to recover his medical and other out-of-pocket losses incurred as a result of being shot in the leg. A member of the respondent, Crime Victims Compensation Board, reviewed claimant's application and denied the claim, finding that claimant had, by his own conduct, ""contributed substantially to the infliction of the injury."" 2 Upon claimant's timely application, the full crime victims board conducted an evidentiary hearing in this matter and subsequently affirmed the original denial of the claim, expressly finding that claimant had contributed substantially to the infliction of his injury. Claimant appeals to this Court by leave granted. 3 The compensation of crime victims statute was enacted in 1977. Earlier, in 1974, the American Bar Association had approved in principle the Uniform Crime Victims Reparations Act promulgated by the National Conference of Commissioners on Uniform State Laws in 1973, which furnished the starting point for the Michigan statute. 4