763.1 Rights of accused; hearing by counsel, defense, confronting witnesses. Sec. 1. On the trial of every indictment or other criminal accusation, the party accused shall be allowed to be heard by counsel and may defend himself, and he shall have a right to produce witnesses and proofs in his favor, and meet the witnesses […]
763.10 Requirement as directive and not right conferred on individual. Sec. 10. A failure to comply with sections 8 and 9 of this chapter does not create a civil cause of action against a department or individual. The requirement in section 8 of this chapter to produce a major felony recording is a directive to […]
763.11 Duties of Michigan commission on law enforcement standards; appropriation of funds; implementation of MCL 763.7 to 763.10; compliance. Sec. 11. (1) The Michigan commission on law enforcement standards created under section 3 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.603, shall set quality standards for the audiovisual recording […]
763.2 Conviction; bases. Sec. 2. No person charged with an offense shall be convicted thereof unless by confession of his guilt in open court or by admitting the truth of the charge against him or after trial by the court or by the verdict of a jury accepted and recorded by the court. History: 1927, […]
763.3 Waiver of trial by jury in criminal cases. Sec. 3. (1) In all criminal cases arising in the courts of this state the defendant may, with the consent of the prosecutor and approval by the court, waive a determination of the facts by a jury and elect to be tried before the court without […]
763.4 Waiver of trial by jury; jurisdiction of judge, procedure. Sec. 4. In any case where a defendant waives his right to a trial by jury and elects to be tried by the judge of such court as provided in section 3 of this chapter any judge of the court in which said cause is […]
763.5 Acquittal on facts and merits as bar to subsequent prosecution. Sec. 5. No person shall be held to answer on a second charge or indictment for any offense for which he has been acquitted upon the facts and merits of the former trial but such acquittal may be pleaded or given in evidence by […]
763.6 Acquittal on variance, insufficiency or irregularity of indictment as bar to subsequent prosecution. Sec. 6. If any person who is indicted or informed against for any offense shall on his trial be acquitted upon the grounds of a variance between the indictment or information and the proof or upon any insufficiency or irregularity in […]
763.7 Definitions. Sec. 7. As used in this section and sections 8 to 10 of this chapter: (a) “Custodial detention” means an individual’s being in a place of detention because a law enforcement official has told the individual that he or she is under arrest or because the individual, under the totality of the circumstances, […]
763.8 Audiovisual recording of interrogation. Sec. 8. (1) This section applies if the law enforcement agency has audiovisual recording equipment that is operational or accessible as provided in section 11(3) or (4) or upon the expiration of the relevant time periods set forth in section 11(3) or (4), whichever occurs first. (2) A law enforcement […]
763.9 Failure to record or preserve recorded statement. Sec. 9. Any failure to record a statement as required under section 8 of this chapter or to preserve a recorded statement does not prevent any law enforcement official present during the taking of the statement from testifying in court as to the circumstances and content of […]
