Michigan Compiled Laws 175-1927-viii Chapter VIII Trials (768.1...768.37)

• Section 768.1 Speedy Trial; Right Of Parties; Duty Of Public Officers.
  The people of this state and persons charged with crime are entitled to and shall have a speedy trial and determination of all prosecutions...
• Section 768.2 Criminal Cases; Precedence; Adjournment; Continuance.
  The trial of criminal cases shall take precedence over all other cases; but this provision shall not be interpreted to mean that trials of...
• Section 768.3 Person Indicted; Presence At Trial.
  No person indicted for a felony shall be tried unless personally present during the trial; persons indicted or complained against for misdemeanors may, at...
• Section 768.4 Proof Of Felony At Trial For Misdemeanor; Effect.
  If, upon the trial of any person for a misdemeanor, the facts given in evidence amount in law to a felony, he shall not...
• Section 768.5 Defendants Jointly Indicted; Separation Of Trials.
  When 2 or more defendants shall be jointly indicted for any criminal offense, they shall be tried separately or jointly, in the discretion of...
• Section 768.6 Commission Of Offense In Certain State Institutions; Penalty.
  Any person now or hereafter confined in any penal or reformatory institution in this state, and who during the term of such confinement shall...
• Section 768.7 Jurisdiction Over Cases Arising Under Mcl 768.6; Proceedings; Examination; Warrant; Custody Of Person Confined; Applicability Of Section And Mcl 768.6.
  The circuit court for the county in which the prison or institution named in the preceding section is, shall have jurisdiction over cases arising...
• Section 768.7a Commission Of Crime During Incarceration In Or Escape From Penal Or Reformatory Institution; Felony Committed While On Parole; Term Of Imprisonment; Supplementary Powers Conferred Upon Court.
  (1) A person who is incarcerated in a penal or reformatory institution in this state, or who escapes from such an institution, and who...
• Section 768.7b Commission Of Subsequent Felony By Person Charged With Felony; Consecutive Sentences; Report.
  (1) Beginning April 1, 1988, and through December 31, 1991, if a person who has been charged with a felony, pending the disposition of...
• Section 768.8 Issues Of Fact To Be Tried By Jury; Waiver Of Trial By Jury.
  Issues of fact shall be tried by a jury drawn, returned, examined on voir dire, and empaneled in the manner provided by law for...
• Section 768.9 Challenge To Juror For Cause; Membership On Grand Jury.
  No member of the grand jury which has found an indictment shall be put upon the jury for the trial of such indictment, if...
• Section 768.10 Challenge To Juror For Cause; Effect Of Opinion Or Impression Not Positive In Character; Declaration By Juror.
  The previous formation or expression of opinion or impression, not positive in its character, in reference to the circumstances upon which any criminal prosecution...
• Section 768.11 Repealed. 1978, Act 11, Imd. Eff. Feb. 8, 1978.
  Compiler's Notes: The repealed section pertained to opinion of juror as to death penalty.
• Section 768.12 Peremptory Challenge; Offense Not Punishable By Death Or Life Imprisonment; Number.
  (1) A person who is put on trial for an offense that is not punishable by death or life imprisonment shall be allowed to...
• Section 768.13 Peremptory Challenge; Offense Punishable By Death Or Life Imprisonment; Number.
  (1) A person who is being tried alone for an offense punishable by death or imprisonment for life, shall be allowed to challenge peremptorily...
• Section 768.14 Jurors; Form Of Oath.
  The following oath shall be administered to the jurors for the trial of all criminal cases: “You shall well and truly try, and true...
• Section 768.15 Jurors; Affirmation In Lieu Of Oath.
  Any juror shall be allowed to make affirmation, substituting the words “This you do under the pains and penalties of perjury” instead of the...
• Section 768.16 Jurors; Liberty; Oath And Duty Of Officer In Charge.
  The jurors sworn to try a criminal action in any court of record in this state, may, at any time before the cause is...
• Section 768.17 Jurors; Medical Attendance; Use Of Newspapers And Letters.
  The trial judge may order, in case of illness of any jurors mentioned in the preceding section, that such juror may receive medical attendance,...
• Section 768.18 Jury; Impaneling; Number Of Members; Qualifications; Excusing Jurors; Reducing Jury To 12 Members.
  (1) Any judge of a court of record in this state about to try a felony case which is likely to be protracted, may...
• Section 768.19 Perjury; Acts Of Officer Under Oath.
  Any officer having taken an oath required by any provision of this chapter who shall knowingly and wilfully violate the same or permit the...
• Section 768.20 Alibi As Defense In Felony Case; Notice Of Intention To Claim Defense; Notice Of Rebuttal; Disclosure And Calling Of Additional Witnesses.
  (1) If a defendant in a felony case proposes to offer in his defense testimony to establish an alibi at the time of the...
• Section 768.20a Insanity As Defense In Felony Case; Notice Of Intention To Assert Defense; Examination; Independent Psychiatric Evaluation; Cooperation Required; Admissibility Of Statements; Report; Notice Of Rebuttal; Admissibility Of Reports; “qualified Personnel” Defined.
  (1) If a defendant in a felony case proposes to offer in his or her defense testimony to establish his or her insanity at...
• Section 768.21 Failure To File And Serve Notices Or To State Names Of Witnesses With Particularity; Exclusion Of Evidence.
  (1) If the defendant fails to file and serve the written notice prescribed in section 20 or 20a, the court shall exclude evidence offered...
• Section 768.21a Persons Deemed Legally Insane; Burden Of Proof.
  (1) It is an affirmative defense to a prosecution for a criminal offense that the defendant was legally insane when he or she committed...
• Section 768.21b Breaking Prison; Defense Of Duress; Notices; Additional Witnesses; Consideration Of Conditions.
  (1) If a defendant charged with breaking prison proposes to offer in his or her defense testimony to establish the defense of duress at...
• Section 768.21c Use Of Deadly Force By Individual In Own Dwelling; "Dwelling" Defined.
  (1) In cases in which section 2 of the self-defense act does not apply, the common law of this state applies except that the...
• Section 768.22 Rules Of Evidence; Applicability Of Criminal And Quasi Criminal Proceedings; Evidence Of Prior Conviction.
  (1) The rules of evidence in civil actions, insofar as the same are applicable, shall govern in all criminal and quasi criminal proceedings except...
• Section 768.23 Exception; Necessity Of Taking.
  It shall not be necessary in the trial of any criminal cause to except to any ruling or action of the court, if an...
• Section 768.24 Evidence; Leading Question.
  Within the discretion of the court no question asked of a witness shall be deemed objectionable solely because it is leading. History: 1927, Act...
• Section 768.25 Evidence; Proof Of Signature.
  Whenever in the trial of any criminal case it shall be necessary or proper to prove the signature of any person, it shall be...
• Section 768.26 Evidence; Use Of Former Testimony; Deposition For Defendant.
  Testimony taken at an examination, preliminary hearing, or at a former trial of the case, or taken by deposition at the instance of the...
• Section 768.27 Evidence; Proof Of Intent Or Motive By Similar Acts.
  In any criminal case where the defendant's motive, intent, the absence of, mistake or accident on his part, or the defendant's scheme, plan or...
• Section 768.27a Evidence That Defendant Committed Another Listed Offense Against Minor; Admissibility; Disclosure Of Evidence To Defendant; Definitions.
  (1) Notwithstanding section 27, in a criminal case in which the defendant is accused of committing a listed offense against a minor, evidence that...
• Section 768.27b Domestic Violence Offense; Commission Of Other Domestic Violence Acts; Admissibility; Disclosure; Definitions; Applicability Of Section.
  (1) Except as provided in subsection (4), in a criminal action in which the defendant is accused of an offense involving domestic violence, evidence...
• Section 768.27c Statement By Declarant; Admissibility; Circumstances Relevant To Trustworthiness; Disclosure; Privilege; Definitions; Applicability Of Section.
  (1) Evidence of a statement by a declarant is admissible if all of the following apply: (a) The statement purports to narrate, describe, or...
• Section 768.28 Evidence; View By Jury.
  The court may order a view by any jury empaneled to try a criminal case, whenever such court shall deem such view necessary. History:...
• Section 768.28a Evidence Obtained Pursuant To Federal Court Order Authorizing Or Approving Interception Of Wire Or Oral Communications; Admissibility.
  Evidence obtained pursuant to an order authorizing or approving the interception of wire or oral communications issued by a federal court in compliance with...
• Section 768.29 Judge's Duty At Trial; Effect Of Failure To Instruct.
  It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the...
• Section 768.29a Defense Of Insanity In Criminal Action Tried Before Jury; Instructions.
  (1) If the defendant asserts a defense of insanity in a criminal action which is tried before a jury, the judge shall, before testimony...
• Section 768.30 Exception To Charge Or Refusal To Charge; Necessity.
  It shall not be necessary in any criminal suit, action or proceeding in any court of record, to except to the charge given to...
• Section 768.31 Joint Defendants; Discharge For Insufficient Evidence.
  Whenever 2 or more persons shall be included in the same indictment and it shall appear that there is not sufficient evidence to put...
• Section 768.32 Indictment For Offense Consisting Of Different Degrees Or For Offense Specified In Mcl 333.7401 And 333.7403; Finding Of Jury Or Judge; Instructions.
  (1) Except as provided in subsection (2), upon an indictment for an offense, consisting of different degrees, as prescribed in this chapter, the jury,...
• Section 768.33 Offense Consisting Of Different Degrees; Subsequent Trial Prohibited.
  When a defendant shall be acquitted or convicted upon any indictment for an offense, consisting of different degrees, he shall not thereafter be tried...
• Section 768.34 Discharged Or Acquitted Prisoner; Liability For Costs Or Fees.
  No prisoner or person under recognizance who shall be acquitted by verdict or discharged because no indictment has been found against him, or for...
• Section 768.35 Plea Of Guilty; Investigation By Judge; Sentence; Refusal To Accept.
  Whenever any person shall plead guilty to an information filed against him in any court, it shall be the duty of the judge of...
• Section 768.36 Defense Of Insanity In Compliance With Mcl 768.20a; Finding Of “guilty But Mentally Ill”; Waiver Of Right To Trial; Plea Of Guilty But Mentally Ill; Examination Of Reports; Hearing; Sentence; Evaluation And Treatment; Discharge; Report To Parole Board; Treatment As Condition Of Parole Or Probation; Period Of Probation; Psychiatric Reports.
  (1) If the defendant asserts a defense of insanity in compliance with section 20a of this chapter, the defendant may be found "guilty but...
• Section 768.37 Under Influence Of Or Impairment By Alcoholic Liquor Or Drug As Defense Prohibited; Exception; Definitions.
  (1) Except as provided in subsection (2), it is not a defense to any crime that the defendant was, at that time, under the...

Last modified: October 10, 2016