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1 chapters · 624 sections in this title.
Mich. Comp. Laws § 767A.3 Investigative subpoenas; issuance; circumstances; contents and scope of order; additional subpoenas; supplemental petitions; filing.
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Sec. 3. (1) A judge may authorize a prosecuting attorney in writing to issue 1 or more investigative subpoenas under this chapter if all of the following circumstances exist: (a) A petition is properly filed under section 2. (b) The judge determines there is reasonable cause to b…
Mich. Comp. Laws § 767A.4 Investigative subpoenas; contents; service of process.
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Sec. 4. (1) An investigative subpoena issued by a prosecuting attorney under this chapter shall contain all of the following information: (a) The name of the person to whom it is directed and his or her address, if known. If the name of the person is not known, the investigative …
Mich. Comp. Laws § 767A.5 Appearance before prosecuting attorney; administration of oaths and affirmations; right to legal counsel; testimony with respect to records, documents or physical evidence; informing person of rights against self-incrimination; furnishing copy of testimony to defendant; effect of failure to provide copy of testimony; furnishing copy of testimony after direct examination of witness.
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Sec. 5. (1) A person properly served with an investigative subpoena under this chapter shall appear before the prosecuting attorney and answer questions concerning the felony being investigated or produce any records, documents, or physical evidence he or she is required to produ…
Mich. Comp. Laws § 767A.6 Motion to order compliance with subpoena; filing; notice; hearing; court order; order violating statutory privilege or constitutional right prohibited; further protections; disclosure by reporter of informant or related information; circumstances.
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Sec. 6. (1) If a person files an objection to, or fails or refuses to answer any question or to produce any record, document, or physical evidence set forth in an investigative subpoena, the prosecuting attorney may file a motion with the judge who authorized the prosecuting atto…
Mich. Comp. Laws § 767A.7 Order granting immunity.
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Sec. 7. (1) The prosecuting attorney may apply to the court for an order granting immunity to any person, designated by name and address in the application, whom the prosecuting attorney intends to require to give testimony concerning any matter investigated under this chapter. T…
Mich. Comp. Laws § 767A.8 Confidentiality of certain material and information.
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Sec. 8. Petitions for immunity, orders of immunity, transcripts of testimony delivered to witnesses pursuant to grants of immunity, and records, documents, and physical evidence obtained by the prosecuting attorney pursuant to an investigation under this chapter are confidential …
Mich. Comp. Laws § 767A.9 Knowingly making false statement as perjury; penalty; neglect or refusal to comply with subpoena as contempt; determination that witness has purged himself or herself of contempt; commutation of sentence.
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Sec. 9. (1) A person who makes a false statement under oath in an examination conducted under this chapter knowing the statement is false is guilty of perjury punishable as follows: (a) Except as provided in subdivision (b), by imprisonment for not more than 15 years. (b) If the …
Mich. Comp. Laws § 768.1 Speedy trial; right of parties; duty of public officers.
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Sec. 1. The people of this state and persons charged with crime are entitled to and shall have a speedy trial and determination of all prosecutions and it is hereby made the duty of all public officers having duties to perform in any criminal case, to bring such case to a final d…
Mich. Comp. Laws § 768.10 Challenge to juror for cause; effect of opinion or impression not positive in character; declaration by juror.
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Sec. 10. The previous formation or expression of opinion or impression, not positive in its character, in reference to the circumstances upon which any criminal prosecution is based, or in reference to the guilt or innocence of the prisoner, or a present opinion or impression in …
Mich. Comp. Laws § 768.12 Peremptory challenge; offense not punishable by death or life imprisonment; number.
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Sec. 12. (1) A person who is put on trial for an offense that is not punishable by death or life imprisonment shall be allowed to challenge peremptorily 5 of the persons drawn to serve as jurors. In a case involving 2 or more defendants who are being jointly tried for an offense …
Mich. Comp. Laws § 768.13 Peremptory challenge; offense punishable by death or life imprisonment; number.
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Sec. 13. (1) A person who is being tried alone for an offense punishable by death or imprisonment for life, shall be allowed to challenge peremptorily 12 of the persons drawn to serve as jurors. In a case punishable by death or imprisonment for life that involves 2 or more defend…
Mich. Comp. Laws § 768.14 Jurors; form of oath.
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Sec. 14. The following oath shall be administered to the jurors for the trial of all criminal cases: "You shall well and truly try, and true deliverance make, between the people of this state and the prisoner at bar, whom you shall have in charge, according to the evidence and th…
Mich. Comp. Laws § 768.15 Jurors; affirmation in lieu of oath.
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Sec. 15. Any juror shall be allowed to make affirmation, substituting the words "This you do under the pains and penalties of perjury" instead of the words "so help you God."
Mich. Comp. Laws § 768.16 Jurors; liberty; oath and duty of officer in charge.
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Sec. 16. The jurors sworn to try a criminal action in any court of record in this state, may, at any time before the cause is submitted to the jury, in the discretion of the court, be permitted to separate or to be kept in charge of proper officers. When an order shall have been …
Mich. Comp. Laws § 768.17 Jurors; medical attendance; use of newspapers and letters.
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Sec. 17. The trial judge may order, in case of illness of any jurors mentioned in the preceding section, that such juror may receive medical attendance, and may be removed to his home or some other place agreeable to the judge during the continuance of his illness; and that any o…
Mich. Comp. Laws § 768.18 Jury; impaneling; number of members; qualifications; excusing jurors; reducing jury to 12 members.
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Sec. 18. (1) Any judge of a court of record in this state about to try a felony case which is likely to be protracted, may order a jury impaneled of not to exceed 14 members, who shall have the same qualifications and shall be impaneled in the same manner as is, or may be, provid…
Mich. Comp. Laws § 768.19 Perjury; acts of officer under oath.
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Sec. 19. Any officer having taken an oath required by any provision of this chapter who shall knowingly and wilfully violate the same or permit the same to be violated, shall, on conviction thereof, be adjudged guilty of the crime of perjury and subject to all the pains and penal…
Mich. Comp. Laws § 768.2 Criminal cases; precedence; adjournment; continuance.
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Sec. 2. The trial of criminal cases shall take precedence over all other cases; but this provision shall not be interpreted to mean that trials of civil cases shall not be interspersed between trials of criminal cases triable before a jury at any term of court. No adjournments, c…
Mich. Comp. Laws § 768.20 Alibi as defense in felony case; notice of intention to claim defense; notice of rebuttal; disclosure and calling of additional witnesses.
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Sec. 20. (1) If a defendant in a felony case proposes to offer in his defense testimony to establish an alibi at the time of the alleged offense, the defendant shall at the time of arraignment on the information or within 15 days after that arraignment but not less than 10 days b…
Mich. Comp. Laws § 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.
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Sec. 20a. (1) If a defendant in a felony case proposes to offer in his or her defense testimony to establish his or her insanity at the time of an alleged offense, the defendant shall file and serve upon the court and the prosecuting attorney a notice in writing of his or her int…
Mich. Comp. Laws § 768.21 Failure to file and serve notices or to state names of witnesses with particularity; exclusion of evidence.
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Sec. 21. (1) If the defendant fails to file and serve the written notice prescribed in section 20 or 20a, the court shall exclude evidence offered by the defendant for the purpose of establishing an alibi or the insanity of the defendant. If the notice given by the defendant does…
Mich. Comp. Laws § 768.21a Persons deemed legally insane; burden of proof.
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Sec. 21a. (1) It is an affirmative defense to a prosecution for a criminal offense that the defendant was legally insane when he or she committed the acts constituting the offense. An individual is legally insane if, as a result of mental illness as defined in section 400 of the …
Mich. Comp. Laws § 768.21b Breaking prison; defense of duress; notices; additional witnesses; consideration of conditions.
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Sec. 21b. (1) If a defendant charged with breaking prison proposes to offer in his or her defense testimony to establish the defense of duress at the time of the alleged offense, the defendant at the time of arraignment on the information or within 15 days after that arraignment,…
Mich. Comp. Laws § 768.21c Use of deadly force by individual in own dwelling; "dwelling" defined.
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Sec. 21c. (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 duty to retreat before using deadly force is not required if an individual is in his or her own dwelling or within the curtilage of that dwelling…
Mich. Comp. Laws § 768.21d Admissibility of sex, gender identity, gender expression, or sexual orientation.
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Sec. 21d. (1) Evidence of the discovery of, knowledge about, or potential disclosure of an individual's actual or perceived sex, gender identity, gender expression, or sexual orientation is not admissible for any of the following purposes: (a) To demonstrate reasonable provocatio…
Mich. Comp. Laws § 768.22 Rules of evidence; applicability of criminal and quasi criminal proceedings; evidence of prior conviction.
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Sec. 22. (1) The rules of evidence in civil actions, insofar as the same are applicable, shall govern in all criminal and quasi criminal proceedings except as otherwise provided by law. (2) In prosecutions charging a second or subsequent offense under Act No. 300 of the Public Ac…
Mich. Comp. Laws § 768.23 Exception; necessity of taking.
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Sec. 23. It shall not be necessary in the trial of any criminal cause to except to any ruling or action of the court, if an objection thereto was fully made but an exception shall be deemed to follow as a matter of course.
Mich. Comp. Laws § 768.24 Evidence; leading question.
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Sec. 24. Within the discretion of the court no question asked of a witness shall be deemed objectionable solely because it is leading.
Mich. Comp. Laws § 768.25 Evidence; proof of signature.
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Sec. 25. Whenever in the trial of any criminal case it shall be necessary or proper to prove the signature of any person, it shall be competent to introduce in evidence for the purpose of comparison, any specimen or specimens of the handwriting or signature of such person, admitt…
Mich. Comp. Laws § 768.26 Evidence; use of former testimony; deposition for defendant.
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Sec. 26. Testimony taken at an examination, preliminary hearing, or at a former trial of the case, or taken by deposition at the instance of the defendant, may be used by the prosecution whenever the witness giving such testimony can not, for any reason, be produced at the trial,…
Mich. Comp. Laws § 768.27 Evidence; proof of intent or motive by similar acts.
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Sec. 27. 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 system in doing an act, is material, any like acts or other acts of the defendant which may tend to show his motive, intent, the…
Mich. Comp. Laws § 768.27a Evidence that defendant committed another listed offense against minor; admissibility; disclosure of evidence to defendant; definitions.
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Sec. 27a. (1) Notwithstanding section 27, in a criminal case in which the defendant is accused of committing a listed offense against a minor, evidence that the defendant committed another listed offense against a minor is admissible and may be considered for its bearing on any m…
Mich. Comp. Laws § 768.27b Domestic violence, sexual assault, or human trafficking or prostitution offense; commission of other domestic violence acts; admissibility; disclosure; definitions; applicability of section.
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Sec. 27b. (1) Except as provided in subsection (4), in a criminal action in which the defendant is accused of an offense involving domestic violence, sexual assault, or a violation of chapter LXVII or chapter LXVIIA of the Michigan penal code, 1931 PA 328, MCL 750.448 to 750.462 …
Mich. Comp. Laws § 768.27c Statement by declarant; admissibility; circumstances relevant to trustworthiness; disclosure; privilege; definitions; applicability of section.
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Sec. 27c. (1) Evidence of a statement by a declarant is admissible if all of the following apply: (a) The statement purports to narrate, describe, or explain the infliction or threat of physical injury upon the declarant. (b) The action in which the evidence is offered under this…
Mich. Comp. Laws § 768.28 Evidence; view by jury.
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Sec. 28. The court may order a view by any jury empaneled to try a criminal case, whenever such court shall deem such view necessary.
Mich. Comp. Laws § 768.28a Evidence obtained pursuant to federal court order authorizing or approving interception of wire or oral communications; admissibility.
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Sec. 28a. 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 802 of title III of the omnibus crime control and safe streets act of 1968, Public Law 90-351, 18 U.S.C. …
Mich. Comp. Laws § 768.29 Judge's duty at trial; effect of failure to instruct.
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Sec. 29. It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the argument of counsel to relevant and material matters, with a view to the expeditious and effective ascertainment of the truth regarding the ma…
Mich. Comp. Laws § 768.29a Defense of insanity in criminal action tried before jury; instructions.
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Sec. 29a. (1) If the defendant asserts a defense of insanity in a criminal action which is tried before a jury, the judge shall, before testimony is presented on that issue, instruct the jury on the law as contained in sections 400a and 500(g) of Act No. 258 of the Public Acts of…
Mich. Comp. Laws § 768.3 Person indicted; presence at trial.
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Sec. 3. No person indicted for a felony shall be tried unless personally present during the trial; persons indicted or complained against for misdemeanors may, at their own request, through an attorney, duly authorized for that purpose, by leave of the court, be put on trial in t…
Mich. Comp. Laws § 768.30 Exception to charge or refusal to charge; necessity.
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Sec. 30. It shall not be necessary in any criminal suit, action or proceeding in any court of record, to except to the charge given to the jury, or to the refusal to give any charge requested by either of the parties to such suit, action or proceeding, but any party aggrieved by …
Mich. Comp. Laws § 768.31 Joint defendants; discharge for insufficient evidence.
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Sec. 31. Whenever 2 or more persons shall be included in the same indictment and it shall appear that there is not sufficient evidence to put any defendant on his defense, it shall be the duty of the court to order such defendant to be discharged from such indictment, before the …
Mich. Comp. Laws § 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.
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Sec. 32. (1) Except as provided in subsection (2), upon an indictment for an offense, consisting of different degrees, as prescribed in this chapter, the jury, or the judge in a trial without a jury, may find the accused not guilty of the offense in the degree charged in the indi…
Mich. Comp. Laws § 768.33 Offense consisting of different degrees; subsequent trial prohibited.
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Sec. 33. When a defendant shall be acquitted or convicted upon any indictment for an offense, consisting of different degrees, he shall not thereafter be tried or convicted for a different degree of the same offense; nor shall he be tried or convicted for any attempt to commit th…
Mich. Comp. Laws § 768.34 Discharged or acquitted prisoner; liability for costs or fees.
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Sec. 34. No prisoner or person under recognizance who shall be acquitted by verdict or discharged because no indictment has been found against him, or for want of prosecution, shall be liable for any costs or fees of office or for any charge for subsistence while he was in custod…
Mich. Comp. Laws § 768.35 Plea of guilty; investigation by judge; sentence; refusal to accept.
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Sec. 35. Whenever any person shall plead guilty to an information filed against him in any court, it shall be the duty of the judge of such court, before pronouncing judgment or sentence upon such plea, to become satisfied after such investigation as he may deem necessary for tha…
Mich. Comp. Laws § 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.
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Sec. 36. (1) If the defendant asserts a defense of insanity in compliance with section 20a of this chapter, the defendant may be found "guilty but mentally ill" if, after trial, the trier of fact finds all of the following: (a) The defendant is guilty beyond a reasonable doubt of…
Mich. Comp. Laws § 768.37 Under influence of or impairment by alcoholic liquor or drug as defense prohibited; exception; definitions.
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Sec. 37. (1) Except as provided in subsection (2), it is not a defense to any crime that the defendant was, at that time, under the influence of or impaired by a voluntarily and knowingly consumed alcoholic liquor, drug, including a controlled substance, other substance or compou…
Mich. Comp. Laws § 768.4 Proof of felony at trial for misdemeanor; effect.
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Sec. 4. If, upon the trial of any person for a misdemeanor, the facts given in evidence amount in law to a felony, he shall not by reason thereof, be entitled to an acquittal of such misdemeanor, and no person tried for such misdemeanor shall be liable to be afterwards prosecuted…
Mich. Comp. Laws § 768.5 Defendants jointly indicted; separation of trials.
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Sec. 5. When 2 or more defendants shall be jointly indicted for any criminal offense, they shall be tried separately or jointly, in the discretion of the court.
Mich. Comp. Laws § 768.6 Commission of offense in certain state institutions; penalty.
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Sec. 6. Any person now or hereafter confined in any penal or reformatory institution in this state, and who during the term of such confinement shall commit any crime or offense punishable under the laws of this state by imprisonment in such institution, shall be subject to the s…