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 the individual's statement if the court determines that the statement is otherwise admissible. However, unless the individual objected to having the interrogation recorded and that objection was properly documented under section 8(3), the jury shall be instructed that it is the law of this state to record statements of an individual in custodial detention who is under interrogation for a major felony and that the jury may consider the absence of a recording in evaluating the evidence relating to the individual's statement.
History: Add. 2012, Act 479, Eff. Mar. 28, 2013
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
175-1927-III - Chapter III Rights of Persons Accused (763.1...763.11)
Section 763.1 - Rights of Accused; Hearing by Counsel, Defense, Confronting Witnesses.
Section 763.2 - Conviction; Bases.
Section 763.3 - Waiver of Trial by Jury in Criminal Cases.
Section 763.4 - Waiver of Trial by Jury; Jurisdiction of Judge, Procedure.
Section 763.5 - Acquittal on Facts and Merits as Bar to Subsequent Prosecution.
Section 763.8 - Audiovisual Recording of Interrogation.
Section 763.9 - Failure to Record or Preserve Recorded Statement.
Section 763.10 - Requirement as Directive and Not Right Conferred on Individual.