Michigan Compiled Laws
175-1927-VIII - Chapter VIII Trials (768.1...768.37)
Section 768.18 - Jury; Impaneling; Number of Members; Qualifications; Excusing Jurors; Reducing Jury to 12 Members.

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, provided by law for impaneling juries in such courts. All of those jurors shall sit and hear the cause. Should any condition arise during the trial of the cause which in the opinion of the trial court justifies the excusal of any of the jurors so impaneled from further service, he may do so and the trial shall proceed, unless the number of jurors be reduced to less than 12. In the event that more than 12 jurors are left on the jury after the charge of the court, the clerk of the court in the presence of the trial judge shall place the names of all of the jurors on slips, folded so as to conceal the names thereon, in a suitable box provided for that purpose, and shall draw therefrom the names of a sufficient number to reduce the jury to 12 members who shall then proceed to determine the issue presented in the manner provided by law.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17311 ;-- CL 1948, 768.18 ;-- Am. 1974, Act 63, Eff. May 1, 1974 Compiler's Notes: This section is a substantial reenactment of Act 56 of 1923. Section 2 of Act 63 of 1974 provides:“Effective date.“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.

Structure Michigan Compiled Laws

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-VIII - Chapter VIII Trials (768.1...768.37)

Section 768.1 - Speedy Trial; Right of Parties; Duty of Public Officers.

Section 768.2 - Criminal Cases; Precedence; Adjournment; Continuance.

Section 768.3 - Person Indicted; Presence at Trial.

Section 768.4 - Proof of Felony at Trial for Misdemeanor; Effect.

Section 768.5 - Defendants Jointly Indicted; Separation of Trials.

Section 768.6 - Commission of Offense in Certain State Institutions; Penalty.

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.

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.

Section 768.7b - Commission of Subsequent Felony by Person Charged With Felony; Consecutive Sentences; Report.

Section 768.8 - Issues of Fact to Be Tried by Jury; Waiver of Trial by Jury.

Section 768.9 - Challenge to Juror for Cause; Membership on Grand Jury.

Section 768.10 - Challenge to Juror for Cause; Effect of Opinion or Impression Not Positive in Character; Declaration by Juror.

Section 768.11 - Repealed. 1978, Act 11, Imd. Eff. Feb. 8, 1978.

Section 768.12 - Peremptory Challenge; Offense Not Punishable by Death or Life Imprisonment; Number.

Section 768.13 - Peremptory Challenge; Offense Punishable by Death or Life Imprisonment; Number.

Section 768.14 - Jurors; Form of Oath.

Section 768.15 - Jurors; Affirmation in Lieu of Oath.

Section 768.16 - Jurors; Liberty; Oath and Duty of Officer in Charge.

Section 768.17 - Jurors; Medical Attendance; Use of Newspapers and Letters.

Section 768.18 - Jury; Impaneling; Number of Members; Qualifications; Excusing Jurors; Reducing Jury to 12 Members.

Section 768.19 - Perjury; Acts of Officer Under Oath.

Section 768.20 - Alibi as Defense in Felony Case; Notice of Intention to Claim Defense; Notice of Rebuttal; Disclosure and Calling of Additional Witnesses.

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; “Qu...

Section 768.21 - Failure to File and Serve Notices or to State Names of Witnesses With Particularity; Exclusion of Evidence.

Section 768.21a - Persons Deemed Legally Insane; Burden of Proof.

Section 768.21b - Breaking Prison; Defense of Duress; Notices; Additional Witnesses; Consideration of Conditions.

Section 768.21c - Use of Deadly Force by Individual in Own Dwelling; "Dwelling" Defined.

Section 768.22 - Rules of Evidence; Applicability of Criminal and Quasi Criminal Proceedings; Evidence of Prior Conviction.

Section 768.23 - Exception; Necessity of Taking.

Section 768.24 - Evidence; Leading Question.

Section 768.25 - Evidence; Proof of Signature.

Section 768.26 - Evidence; Use of Former Testimony; Deposition for Defendant.

Section 768.27 - Evidence; Proof of Intent or Motive by Similar Acts.

Section 768.27a - Evidence That Defendant Committed Another Listed Offense Against Minor; Admissibility; Disclosure of Evidence to Defendant; Definitions.

Section 768.27b - Domestic Violence or Sexual Assault Offense; Commission of Other Domestic Violence Acts; Admissibility; Disclosure; Definitions; Applicability of Section.

Section 768.27c - Statement by Declarant; Admissibility; Circumstances Relevant to Trustworthiness; Disclosure; Privilege; Definitions; Applicability of Section.

Section 768.28 - Evidence; View by Jury.

Section 768.28a - Evidence Obtained Pursuant to Federal Court Order Authorizing or Approving Interception of Wire or Oral Communications; Admissibility.

Section 768.29 - Judge's Duty at Trial; Effect of Failure to Instruct.

Section 768.29a - Defense of Insanity in Criminal Action Tried Before Jury; Instructions.

Section 768.30 - Exception to Charge or Refusal to Charge; Necessity.

Section 768.31 - Joint Defendants; Discharge for Insufficient Evidence.

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.

Section 768.33 - Offense Consisting of Different Degrees; Subsequent Trial Prohibited.

Section 768.34 - Discharged or Acquitted Prisoner; Liability for Costs or Fees.

Section 768.35 - Plea of Guilty; Investigation by Judge; Sentence; Refusal to Accept.

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; Repo...

Section 768.37 - Under Influence of or Impairment by Alcoholic Liquor or Drug as Defense Prohibited; Exception; Definitions.