Michigan Presumption of Innocence

State:
Multi-State
Control #:
US-00888
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample jury instruction regarding the Presumption of Innocence in a criminal trial. The language is for model purposes only and may not comply with your state's jury instruction law, which is heavily governed by case law. You must confirm that the language in the jury instruction is acceptable in your state. Available in Word and Rich Text formats.

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FAQ

Generally a defendant in Michigan charged with a felony crime has a right to trial within six months of the date of arrest, and a defendant charged with a misdemeanor crime has a right to trial within 28 days of arrest.

If not for the presumption of innocence, the government would not have to prove anything, and the defendant's due process rights would be taken away. Proof beyond a reasonable doubt is the highest standard of proof in the American legal system.

If you have already been tried on a fact of a crime, you cannot be subsequently tried on that fact again. In Michigan drug crime cases, police and prosecutors may use the same evidence, paraphernalia, or assets to accuse you of the same possession, distribution, cultivation, or manufacture crime.

It unequivocally asserts that an individual accused of a crime is presumed innocent until proven guilty by a court of law. This presumption emphasizes that the burden of establishing guilt rests solely on the prosecution, rather than the accused.

17. No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law.

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Michigan Presumption of Innocence