Michigan Compiled Laws
175-1927-VIII - Chapter VIII Trials (768.1...768.37)
Section 768.8 - Issues of Fact to Be Tried by Jury; Waiver of Trial by Jury.

Sec. 8.
Issues of fact shall be tried by a jury drawn, returned, examined on voir dire, and empaneled in the manner provided by law for the trial of issues of fact in civil cases. The accused may waive any trial by jury in the manner set forth in section 3 of chapter III.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17301 ;-- CL 1948, 768.8 ;-- Am. 1988, Act 89, Eff. June 1, 1988 Former Law: See section 1 of Ch. 165 of R.S. 1846, being CL 1857, § 6068; CL 1871, § 7947; How., § 9559; CL 1897, § 11942; and CL 1915, § 15815.

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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Section 768.11 - Repealed. 1978, Act 11, Imd.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.