Michigan Jury Instructions - Defendant's Failure to Testify

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Sample Jury Instruction - This sample jury instruction states that there should be no inference made from the Defendant not testifying on his own behalf.

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The instructions are intended to describe trial procedures and duties in a manner that makes the legal process comprehensible to jurors, and to correctly state the law so that the jurors can apply it to the facts as they determine them to be.

Responsibility of Citizens Anyone who receives a jury questionnaire and/or summons must respond. Those who do not can be held in contempt of court. The penalty could be a fine or jail.

The Court prefers that jurors dress in "business casual" attire. However, jeans are acceptable as long as they are in good condition without holes. Please do not appear for jury service wearing gym clothes or clothing that does not provide adequate coverage (for example: tank tops or shorts).

(d) Not have served as a petit or grand juror in a court of record during the preceding 12 months. (e) Not have been convicted of a felony. (2) A person more than 70 years of age may claim exemption from jury service and must be exempt upon making the request.

Fail to Appear: Q: What happens if I do not report for jury service as summoned? A: If you fail to appear as directed by your summons, you may be held in contempt of court, fined and/or jailed, as provided by MCL 600.1346.

Our courts don't take skipping jury duty lightly. When a person ignores their summons to appear for service, they can be held in contempt of court. Penalties for doing so are significant and may include fines and actual jail time.

If you are age 70 or older, or if you have a medical or other condition that prevents you from serving on a jury, you may request to be excused. If you are excused, your jury service is canceled and you will not have to appear in this jury term.

The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case.

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Michigan Jury Instructions - Defendant's Failure to Testify