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, but not less than 10 days before the trial of the case, or at such other time as the court directs, shall file and serve upon the prosecuting attorney a notice in writing of the intention to claim that defense. The notice shall contain, as particularly as is known to the defendant or the defendant's attorney, the names of witnesses to be called in behalf of the defendant to establish that defense. The defendant's notice shall include specific information relative to the defense.
(2) Within 10 days after the receipt of the defendant's notice but not later than 5 days before the trial of the case, or at such other time as the court may direct, the prosecuting attorney shall file and serve upon the defendant a notice of rebuttal which shall contain, as particularly as is known to the prosecuting attorney, the names of the witnesses whom the prosecuting attorney proposes to call in rebuttal to controvert the defendant's defense at the trial of the case.
(3) Both the defendant and the prosecuting attorney shall be under a continuing duty to promptly disclose the names of additional witnesses which come to the attention of either party after filing the respective notices as provided in this section. Upon motion with notice to the other party and upon a showing by the moving party that the name of an additional witness was not available when the notice required by subsection (1) or (2) was filed, and could not have been available by the exercise of due diligence, the additional witness may be called by the moving party to testify as a witness for the purpose of establishing or rebutting the defense of duress or necessity.
(4) In determining whether or not the defendant broke prison while under duress the jury or court may consider the following conditions if supported by competent evidence:
(a) Whether the defendant was faced with a specific threat of death, forcible sexual attack or substantial bodily injury in the immediate future.
(b) Whether there was insufficient time for a complaint to the authorities.
(c) Whether there was a history of complaints by the defendant which failed to provide relief.
(d) Whether there was insufficient time or opportunity to resort to the courts.
(e) Whether force or violence was not used towards innocent persons in the prison break.
(f) Whether the defendant immediately reported to the proper authorities upon reaching a position of safety from the immediate threat.
History: Add. 1978, Act 600, Imd. Eff. Jan. 4, 1979
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-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 768.8 - 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 768.11 - 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 768.19 - Perjury; Acts of Officer Under Oath.
Section 768.21a - Persons Deemed Legally Insane; Burden of Proof.
Section 768.21c - Use of Deadly Force by Individual in Own Dwelling; "Dwelling" Defined.
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 768.28 - Evidence; View by Jury.
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 768.33 - 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.