Victim Impact Statement For Sentencing or Disposition

7.2Victim Impact Statement For Sentencing or Disposition

A.Notice Requirements

For felony and misdemeanor convictions, MCL 780.763(1) and MCL 780.823(1) require “[t]he prosecuting attorney, upon and in accordance with the request of the victim, [to] give to the victim notice of the following:

(a) The defendant’s conviction.

(b) The crimes [or offenses] for which the defendant was convicted.

(c) The victim’s right to make a written or oral impact statement for use in the preparation of a [PSIR] concerning the defendant.^[¹]

(d) The address and telephone number of the probation office which is to prepare the [PSIR].

(e) That a [PSIR] and any statement of the victim included in the report will be made available to the defendant unless exempted from disclosure by the court.

(f) The victim’s right to make an impact statement at sentencing.

(g) The time and place of the sentencing proceeding.”

For juvenile cases, MCL 780.791(1)-(3) set out the notice requirements related to disposition/sentencing:

“(1) The prosecuting attorney, or, pursuant to an agreement under [MCL 780.798a ²], the court, upon and in accordance with the request of the victim, shall give the victim notice of all of the following:

(a) The offenses for which the juvenile was adjudicated or convicted.

(b) The victim’s right to make an impact statement at the disposition hearing or sentencing.

(2) If a report is to be prepared for the juvenile’s disposition or for a sentencing in a proceeding that is a designated case, the person preparing the report shall give notice to the victim of all of the following:

(a) The victim’s right to make an impact statement for use in preparing the report.

(b) The address and telephone number of the person who is to prepare the report.

(c) The fact that the report and any statement of the victim included in the report will be made available to the juvenile unless exempted from disclosure by the court.

(3) A notice under subsection (1) or (2) shall inform the victim that his or her impact statement may be oral or written and may include, but shall not be limited to, any of the following:

(a) An explanation of the nature and extent of any physical, psychological, or emotional harm or trauma suffered by the victim.

(b) An explanation of the extent of any economic loss or property damage suffered by the victim.

(c) An opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage.

(d) The victim’s recommendation for an appropriate disposition or sentence.”

The prosecutor’s failure to inform the victim’s family of the date of the defendant’s sentencing, which prevented the victim’s family from appearing and making an impact statement at sentencing, did not provide grounds for resentencing the defendant. People v Pfeiffer, 207 Mich App 151, 159-160 (1994) (“under the circumstances of this case, where the inability of the victim’s family to address the court was due to the prosecutor’s providing incorrect information regarding the sentencing date to the victim’s family, where the court had a victim impact statement in the PSIR, and where the sentencing went forward as scheduled without objection by the prosecutor, the [defendant’s] sentence was not invalid, and, therefore, the court was without jurisdiction to resentence[]”).

B.Victim Impact Statement in Presentence Report

“The victim has the right to submit or make a written or oral impact statement to the probation officer for use by that officer in preparing a presentence investigation report [(PSIR).]” MCL 780.764 (applicable to felony cases). See also MCL 780.792(1) (providing a victim of a juvenile involved in juvenile proceedings, including designated proceedings, the same right if a presentence report is prepared in anticipation of disposition or sentencing); MCL 780.824 (providing a victim of a misdemeanor the same right if a PSIR is prepared). In all cases, a victim may request that his or her written impact statement be included in the PSIR or presentence report.³ MCL 771.14(2)(b); MCL 780.764; MCL 780.792(3); MCL 780.824.

Any of the following listed individuals may also make an impact statement if the victim “is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the [defendant or juvenile]:

(A) The spouse of the victim.

(B) A child of the victim if the child is 18 years of age or older.

(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.

(E) A sibling of the victim.

(F) A grandparent of the victim.

(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.752(1)(m)(v) (felony convictions); MCL 780.781(1)(j)(v) (juvenile offenses); MCL 780.811(1)(h)(v) (misdemeanor convictions).

1.Contents of the Victim Impact Statement

In felony proceedings, if the prosecuting attorney provides notice under MCL 780.763(1), the notice must inform the victim that the victim’s impact statement may include but is not limited to the following:

“(a) An explanation of the nature and extent of any physical, psychological, or emotional harm or trauma suffered by the victim.

(b) An explanation of the extent of any economic loss or property damage suffered by the victim.

(c) An opinion of the need for and extent of restitution and whether the victim has applied for or received compensation for loss or damage.^[⁴]

(d) The victim’s recommendation for an appropriate sentence.” MCL 780.763(3)(a)-(d).

See MCL 780.823(3)(a)-(d), which provides substantially similar provisions for misdemeanor proceedings; and MCL 780.791(3)(a)-(d), which provides substantially similar provisions for juvenile proceedings except that it requires the prosecuting attorney (or the court if an agreement under MCL 780.798a exists ⁵), and the person preparing the presentence report (if one is being prepared) to also “inform the victim that his or her impact statement may be oral or written[.]”

2.Availability of Victim Impact Statement Contained in PSIR or Juvenile Presentence Report to Opposing Party

The victim must be notified that the PSIR (or presentence report in juvenile designated cases) and his or her impact statement in the report will be made available to the defendant or juvenile and defense counsel unless the court exempts it from disclosure. MCL 780.763(1)(e); MCL 780.791(2)(c); MCL 780.823(1)(e).

The court must exclude from the PSIR “any address or telephone number for the home, workplace, school, or place of worship of any victim or witness, or a family member of any victim or witness, unless an address is used to identify the place of the crime or to impose conditions of release from custody that are necessary for the protection of a named individual.” MCL 771.14(2); MCR 6.425(A)(3); MCR 6.610(G)(1)(b). Upon request, the court must also exempt an address or telephone number that would reveal the location of a victim, witness, or a victim’s or witness’s family member unless the address is used to identify the location of the crime or to impose conditions of release from custody that are necessary to protect a named individual. MCL 771.14(2); MCR 6.425(A)(3); MCR 6.610(G)(1)(b).

The court may exempt from disclosure “information or a diagnostic opinion that might seriously disrupt a program of rehabilitation or sources of information obtained on a promise of confidentiality.”⁶ MCL 771.14(3); MCL 771.14a(2); MCR 6.425(B). If the court exempts information from disclosure, the court must state on the record its reasons for this action and inform the parties of the nondisclosure. MCL 771.14(3); MCL 771.14a(2); MCR 6.425(B). Information or a diagnostic opinion exempted from disclosure must also be specifically noted in the PSIR. MCL 771.14(3); MCL 771.14a(2); MCR 6.425(B). “To the extent it can do so without defeating the purpose of nondisclosure, the court also must provide the parties with a written or oral summary of the nondisclosed information and give them an opportunity to comment on it.” MCR 6.425(B).

“Regardless of the sentence imposed, the Department of Corrections [DOC] must retain the [PSIR] reflecting any corrections ordered under [MCR 6.425(D)(2)]. On written request or order of the court, the [DOC] must provide the prosecutor, the defendant’s lawyer, or the defendant if not represented by a lawyer, with a copy of the [PSIR]. On written request, the court must provide the prosecutor, the defendant’s lawyer, or the defendant if not represented by a lawyer, with copies of any documents that were presented for consideration at sentencing, including the court’s initial copy of the [PSIR] if corrections were made after sentencing. If the court exempts or orders the exemption of any information from disclosure, it must follow the exemption requirements of [MCR 6.425(B)].” MCR 6.425(E).

3.Objections to Accuracy or Relevancy of Content in the PSIR or Juvenile Presentence Report

At sentencing, the parties must be given an opportunity to explain or challenge the accuracy or relevancy of any information contained in the PSIR.⁷ MCL 771.14(6); MCL 771.14a(4); MCR 6.425(D)(1)(b). “If the court finds merit in the challenge, determines that it will not take the challenged information into account in sentencing, or otherwise determines that the [PSIR] should be corrected, it must order the probation officer to correct the [PSIR].” MCR 6.425(D)(2)(a). See also People v McAllister, 241 Mich App 466, 473 (2000) (when a defendant alleges inaccuracies in his or her PSIR, the trial court must respond to those allegations; however, failure to do so may be harmless error where “the alleged inaccuracies have no determinative effect on the sentence[]”).

Unless a defendant effectively challenges the contents of his or her PSIR, the contents are presumed accurate and may be relied on by the sentencing court. People v Callon, 256 Mich App 312, 334 (2003). On the defendant’s effective challenge to the contents of his or her PSIR, “[t]he prosecution ‘has the burden to prove the [challenged] fact by a preponderance of the evidence[.]’” People v Norfleet, 317 Mich App 649, 669 (2016) (directing removal of effectively challenged statements contained in the PSIR because the prosecutor failed to provide evidence to support them), quoting People v Waclawski, 286 Mich App 634, 690 (2009). See also People v Maben, 313 Mich App 545, 554 (2015) (holding that the trial court erred in “fail[ing] to adequately resolve [the defendant’s] challenges to the accuracy of the PSIR[]” based on the court’s erroneous belief that “it was not required to resolve [the] challenges because the PSIR is presumptively accurate[; t]he presumption of accuracy applies only to unchallenged information[]”) (citation omitted). A “trial court . . . err[s] [in] refusing to consider [a defendant’s] challenges to factual information related in [a victim’s] impact statement[]” in the PSIR. Id. at 554-555. “[A] trial court is not required to strike a victim’s subjective statements about the impact of a defendant’s crime merely because a defendant disputes those statements[;]” however, “[t]o the extent that the impact section of the PSIR contain[s] factual allegations unrelated to [the defendant’s] crime, and which [do] not involve [a victim’s] subjective statements, [the defendant is] entitled to challenge the accuracy of the information, particularly considering that the content could have consequences in prison and with the parole board.” Id. at 555 (citations omitted).

“[W]hen a trial court fails to adequately resolve a defendant’s challenges to a PSIR, remand is appropriate for proper consideration of his challenges.” People v Knepper, ___ Mich ___, ___ (2024) (cleaned up). At sentencing, defense counsel objected to the facts in the “Agent Description of the Offense” section of defendant’s PSIR “that were derived entirely from the police report because many of those facts were inconsistent with the jury’s verdict of acquittal on three counts.” Knepper, ___ Mich App at ___. The trial court “declined [to amend the PSIR] to include a reference to the acquittals.” Id. at ___. On appeal, the Court “remand[ed] the case for the limited purpose of modifying the PSIR to ensure that the agent’s description clearly reflect[ed] defendant’s acquittal on three of the four charges that flowed from the police report.” Id. at ___. “[A]bsent recognition that defendant was acquitted of crimes based on conduct recited in the PSIR, the agent’s description would constitute inaccurate information.” Id. at ___.

See also MCR 3.943(C)(2), which requires at disposition that the parties “be afforded an opportunity to examine and controvert written reports so received, and in the court’s discretion, may be allowed to cross-examine individuals making reports when those individuals are reasonably available.” Note that MCR 3.943(C)(2) is applicable to juvenile delinquency proceedings, see MCR 3.901(B)(2), and to designated cases where the court elects to impose a disposition rather than an adult sentence, see MCR 3.955(E).

4.No PSIR or Juvenile Presentence Report Prepared

A court must use a PSIR when sentencing a defendant for a felony offense. MCL 771.14(1); People v Hemphill, 439 Mich 576, 579 (1992). Use of a PSIR in misdemeanor cases is discretionary. MCL 771.14(1).⁸ Note, however, because a juvenile dispositional proceeding is not a criminal proceeding governed by the Code of Criminal Procedure, MCL 771.1 et seq., the court need not consider a PSIR or its equivalent before imposing a juvenile disposition.⁹ See In re Lowe, 177 Mich App 45, 47 (1989) (finding that the court need not consider a sentencing information report or clinical evaluation report before ordering disposition for a juvenile delinquent brought under the Juvenile Code).

“If no presentence report is prepared [following a misdemeanor conviction], the court shall notify the prosecuting attorney of the date and time of sentencing at least 10 days before the sentencing.” MCL 780.825(1). See also MCL 780.792(2), which requires “the court [to] notify the prosecuting attorney of the date and time of sentencing at least 10 days prior to the disposition or sentencing[]” of a juvenile where no presentence report is prepared.

C.Oral Victim Impact Statement At Sentencing or Disposition

1.Felony Convictions

“The victim has the right to appear and make an oral impact statement at the sentencing of the defendant. If the victim is physically or emotionally unable to make the oral impact statement, the victim may designate any other person 18 years of age or older who is neither the defendant nor incarcerated to make the statement on the victim’s behalf. The other person need not be an attorney. The victim may elect to remotely provide the oral impact statement under [MCL 780.765].”¹⁰ MCL 780.765(1). See also MCR 6.425(D)(1)(c)(iv), which requires the court “[a]t sentencing, . . . [and] on the record[, to] address any victim of the crime who is present at sentencing or any person the victim has designated to speak on the victim’s behalf and permit the victim or the victim’s designee to make an impact statement . . . .”

“Unless the court has determined, in its discretion, that the defendant is behaving in a disruptive manner or presents a threat to the safety of any individuals present in the courtroom, the defendant must be physically present in the courtroom at the time a victim makes an oral impact statement[.]” MCL 780.765(2). “In making its determination, . . . the court may consider any relevant statement provided by the victim regarding the defendant being physically present during that victim’s oral impact statement.” Id.¹¹

Note: Incarcerated victims may submit a written statement for the court’s consideration at sentencing. MCL 780.752(4).

(A) The spouse of the victim.

(B) A child of the victim if the child is 18 years of age or older.

(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.

(E) A sibling of the victim.

(F) A grandparent of the victim.

A victim has the right under MCL 780.765(1) to appear before the court and make an oral impact statement at any sentencing or resentencing of a defendant who was less than 18 years of age at the time he or she committed an offense and is being sentenced or resentenced under MCL 769.25 or MCL 769.25a.¹² MCL 769.25(8); MCL 769.25a(4)(c).

2.Juvenile Adjudications/Designated Case Convictions

“The victim has the right to appear and make an oral impact statement at the juvenile’s disposition or sentencing. If the victim is physically or emotionally unable to make the oral impact statement, the victim may designate any other person 18 years of age or older who is neither the defendant nor incarcerated to make the statement on the victim’s behalf. The other person need not be an attorney. The victim may elect to remotely provide the oral impact statement under [MCL 780.793].”¹³ MCL 780.793(1). See also MCR 3.943(D)(2),¹⁴ which provides “[t]he victim with the right to be present at the dispositional hearing and to make an impact statement as provided by the Crime Victim’s Rights Act, MCL 780.751 et seq.[;]” MCR 3.955(A), which requires the court, following a juvenile’s conviction in a designated case, to “give the juvenile, the juvenile’s lawyer, the prosecutor, and the victim an opportunity to advise the court of any circumstances they believe the court should consider in deciding whether to enter an order of disposition or to impose or delay imposition of sentence.” MCR 3.955(A).

“Unless the court has determined, in its discretion, that the juvenile is behaving in a disruptive manner or presents a threat to the safety of any individuals present in the courtroom, the juvenile must be physically present in the courtroom at the time a victim makes an oral impact statement[.]” MCL 780.793(3). “In making its determination, . . . the court may consider any relevant statement provided by the victim regarding the juvenile being physically present during that victim’s oral impact statement.” Id.¹⁵

(A) The spouse of the victim.

(B) A child of the victim if the child is 18 years of age or older.

(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.

(E) A sibling of the victim.

(F) A grandparent of the victim.

3.Serious Misdemeanor Convictions

“The victim has a right to submit a written impact statement and has the right to appear and make an oral impact statement at the sentencing of the defendant. If the victim is physically or emotionally unable to make the oral impact statement, the victim may designate any other person 18 years of age or older who is neither the defendant nor incarcerated to make the statement on the victim’s behalf. The other person need not be an attorney. The victim may elect to remotely provide the oral impact statement under [MCL 780.825]. The court shall consider the victim’s statement in imposing sentence on the defendant.”¹⁶ MCL 780.825(1).

“Unless the court has determined, in its discretion, that the defendant is behaving in a disruptive manner or presents a threat to the safety of any individuals present in the courtroom, the defendant must be physically present in the courtroom at the time a victim makes an oral impact statement[.]” MCL 780.825(2). “In making its determination, . . . the court may consider any relevant statement provided by the victim regarding the defendant being physically present during that victim’s oral impact statement.” Id.¹⁷

Incarcerated victims may submit a written statement for the court’s consideration at sentencing. MCL 780.811(4).

(A) The spouse of the victim.

(B) A child of the victim if the child is 18 years of age or older.

(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.

(E) A sibling of the victim.

(F) A grandparent of the victim.

D.Court May Consider Other Information

For purposes of sentencing, a trial court may also consider statements of persons who are not victims as defined by the CVRA because a sentencing court “is afforded broad discretion in the sources and types of information to be considered when imposing a sentence, including relevant information regarding the defendant’s life and characteristics.” People v Albert, 207 Mich App 73, 74 (1994) (attorney representing one of the victims in a civil case against the defendant was permitted to address the court at sentencing). See also People v Kisielewicz, 156 Mich App 724, 728‐729 (1986) (letters concerning society’s perceived need for protection from the offender from persons not considered victims were attached to the PSIR and were properly considered by the trial court at sentencing).

E.Imposition of Offender’s Sentence

1.Felony Sentencing

This sub-subsection contains a very brief discussion on the imposition of the offender’s sentence as it pertains to crime victims. For a detailed discussion of felony sentencing in general, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 1.

“[T]he minimum sentence imposed by a court . . . for a felony [to which the statutory sentencing guidelines apply, enumerated in part 2 of Chapter XVII of the Code of Criminal Procedure, MCL 777.11 et seq.,] committed on or after January 1, 1999 may be within the appropriate sentence range under the version of those sentencing guidelines in effect on the date the crime was committed.” MCL 769.34(2).

“[S]entencing courts [are no longer] bound by the applicable sentencing guidelines range[.]” People v Lockridge, 498 Mich 358, 392 (2015). “Sentencing courts must, however, continue to consult the applicable guidelines range and take it into account when imposing a sentence,” and they “must justify the sentence imposed in order to facilitate appellate review.” Id. (citation omitted).

For purposes of scoring the OVs, some of the OVs take into consideration the impact of a crime on a victim. See, for example, OV 1 (aggravated use of a weapon at or toward a victim, MCL 777.31), OV 3 (physical injury to the victim, MCL 777.33), OV 4 (psychological injury to victim, MCL 777.34), OV 5 (psychological injury to victim’s family, MCL 777.35), OV 7 (aggravated physical abuse, MCL 777.37), OV 8 (victim was carried away or held captive, MCL 777.38), OV 9 (number of victims, MCL 777.39), OV 10 (exploitation of a vulnerable victim, MCL 777.40), OV 16 (property obtained, damaged, lost, or destroyed, MCL 777.46), and OV 19 (direct or indirect violation of a PPO, MCL 777.49).

2.Juvenile Offenders

In juvenile proceedings, the court must apply certain statutory factors when deciding whether to try or sentence a juvenile offender as an adult that take into consideration, among other factors, the “seriousness of the alleged offense in terms of community protection, including, but not limited to, the existence of any aggravating factors recognized by the sentencing guidelines, the use of a firearm or other dangerous weapon, and the impact on any victim.” See MCL 712A.2d(2)(a) (setting out factors to consider when determining whether to designate the case for trial as an adult); MCL 712A.18(1)(o)(i) (setting out factors to consider when determining whether to enter juvenile disposition or impose sentence following conviction in a designated proceeding); MCL 712A.4(4)(a) (setting out factors to consider when determining whether to waive jurisdiction over a juvenile in a traditional waiver proceeding); MCL 769.1(3)(a) (setting out factors to consider when determining whether to impose sentence or place juvenile on probation and commit him or her to state wardship in automatic waiver proceeding).

For a detailed discussion on designated proceedings, traditional waiver proceedings, and automatic waiver proceedings, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapters 14-16.

F.Resentencing

In felony convictions, a victim has the right to appear before the court and make an oral impact statement at any sentencing or resentencing of a defendant who was less than 18 years of age at the time he or she committed an offense and is being sentenced or resentenced ¹⁸ under MCL 769.25 or MCL 769.25a.¹⁹ MCL 769.25(8); MCL 769.25a(4)(c); MCL 780.765(1).

In resentencing a defendant after an original sentence is vacated, “[t]he trial court may consider the contents of the [PSIR] when calculating the guidelines and the victims may have their statements included in the PSIR.” People v Davis (Stafano), 300 Mich App 502, 509‐510 (2013), abrogated in part on other grounds by People v Hardy, 494 Mich 430 (2013)²⁰ (holding that “the trial court was able to consider and decide other issues at resentencing . . . includ[ing] consideration of [a] newly appended victim’s impact statement”).

“The trial court’s application of the current restitution statutes [MCL 780.766 and MCL 769.1a] on defendant during resentencing [did] not violate the Ex Post Facto Clauses of the United States and Michigan Constitutions because it [did] not constitute a retroactive increase in punishment.” People v Neilly, ___ Mich ___, ___ (2024) (affirming the trial court’s decision at resentencing to order defendant to pay restitution for the deceased victim’s funeral expenses when no restitution was originally ordered).

¹ For misdemeanor convictions, this notice is only required in cases where a PSIR is prepared. MCL 780.823(1)(c).

² In juvenile cases, MCL 780.798a authorizes “[t]he court [to] perform the notification functions delegated to the prosecuting attorney under [the CVRA] if both of the following circumstances exist: (a) The prosecuting attorney allows the court to perform those functions pursuant to a written agreement. (b) The court performed those functions before the effective date of [1993 PA 341, effective May 1, 1994].”

³ For a detailed discussion of accessibility to victim impact information, see Section 3.6.

⁴ For a detailed discussion of restitution, see Chapter 8. For a detailed discussion of crime victim compensation, see Chapter 9.

⁵ In juvenile cases, MCL 780.798a authorizes “[t]he court [to] perform the notification functions delegated to the prosecuting attorney under [the CVRA] if both of the following circumstances exist: (a) The prosecuting attorney allows the court to perform those functions pursuant to a written agreement. (b) The court performed those functions before the effective date of [1993 PA 341, effective May 1, 1994].”

⁷ “A challenge to the validity of information contained in the PSIR may be raised at sentencing, in a proper motion for resentencing, or in a proper motion to remand.” People v Lloyd, 284 Mich App 703, 706 (2009); MCL 769.34(10); MCR 6.429(C).

⁸ For additional information on PSIRs in general, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 2, Chapter 6.

⁹ But see MCR 3.943(C)(1), which permits the court to consider oral and written reports when entering a disposition order.

¹⁰ MCL 393.503(1) requires the appointment of a qualified interpreter “[i]n any action before a court or grand jury where a deaf or deaf-blind person is a participant in the action, either as a plaintiff, defendant, or witness[;]” MCR 1.111(B)(1) requires the appointment of a foreign language interpreter for a party or testifying witness with limited English proficiency if the interpreter’s “services are necessary for the person to meaningfully participate in the case or court proceeding[;]” and MCR 1.111(B)(2) authorizes the appointment of “a foreign language interpreter for a person other than a party or witness who has a substantial interest in the case or court proceeding.” See Section 6.7 for additional information on use of interpreters.

¹¹MCL 780.765(2) “applies to cases in which the sentencing of the defendant occurs after May 22, 2018.”

¹² A crime victim has the right to make an impact statement at the sentencing or resentencing of a defendant who was age 18 at the time he or she violated MCL 750.316 (first-degree murder). See People v Parks, 510 Mich 225, 268 (2022). See MCL 769.25(8). For additional discussion of resentencing, see Section 7.2(F). For additional information on the applicable procedures for imposing sentence under MCL 769.25 or MCL 769.25a, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 19.

¹³ MCL 393.503(1) requires the appointment of a qualified interpreter “[i]n any action before a court or grand jury where a deaf or deaf-blind person is a participant in the action, either as a plaintiff, defendant, or witness[;]” MCR 1.111(B)(1) requires the appointment of a foreign language interpreter for a party or testifying witness with limited English proficiency if the interpreter’s “services are necessary for the person to meaningfully participate in the case or court proceeding[;]” and MCR 1.111(B)(2) authorizes the appointment of “a foreign language interpreter for a person other than a party or witness who has a substantial interest in the case or court proceeding.” See Section 6.7 for additional information on use of interpreters.

¹⁴ MCR 3.943(D)(2) is applicable to juvenile delinquency proceedings, see MCR 3.901(B)(2), and to designated cases where the court elects to impose a disposition rather than an adult sentence, see MCR 3.955(E).

¹⁵MCL 780.793(3) “applies to cases in which the sentencing of the juvenile occurs after May 22, 2018.”

¹⁶ MCL 393.503(1) requires the appointment of a qualified interpreter “[i]n any action before a court or grand jury where a deaf or deaf-blind person is a participant in the action, either as a plaintiff, defendant, or witness[;]” MCR 1.111(B)(1) requires the appointment of a foreign language interpreter for a party or testifying witness with limited English proficiency if the interpreter’s “services are necessary for the person to meaningfully participate in the case or court proceeding[;]” and MCR 1.111(B)(2) authorizes the appointment of “a foreign language interpreter for a person other than a party or witness who has a substantial interest in the case or court proceeding.” See Section 6.7 for additional information on use of interpreters.

¹⁷MCL 780.825(2) “applies to cases in which the sentencing of the defendant occurs after May 22, 2018.”

¹⁸A crime victim has the right to make an impact statement at the sentencing or resentencing of a defendant who was age 18 at the time he or she violated MCL 750.316 (first-degree murder). P eople v Parks, 510 Mich 225, 268 (2022). See MCL 769.25(8).

¹⁹ Effective March 4, 2014, 2014 PA 22 added MCL 769.25 and MCL 769.25a to the Code of Criminal Procedure to address the sentencing of juvenile defendants to life imprisonment without the possibility of parole in light of Miller v Alabama, 567 US 460 (2012). In Parks, 510 Mich at 268, the Michigan Supreme Court held “that defendants who had been subject to mandatory life-without-parole sentences for first-degree murder offenses that were committed when they were 18 years old were entitled to the protections of MCL 769.25.” People v Poole, ___ Mich ___, ___ n 1 (2025). The ruling in Parks applies retroactively to defendants who were 18 years old when they committed first-degree murder and whose cases are no longer on direct appeal; those defendants are entitled to resentencing under MCL 769.25a. Poole, ___ Mich at ___ n 1, ___ (affirming the Court of Appeals’ holding in People v Poole, ___ Mich App ___ (2024) that defendant was entitled to relief from judgment under MCR 6.502(G) because Parks announced a new substantive rule; the Court of Appeals vacated defendant’s mandatory life-without-parole sentence, and remanded the case to the trial court for resentencing under MCL 769.25a.). For additional information on the applicable procedures for imposing sentence under MCL 769.25 or MCL 769.25a, see the Michigan Judicial Institute’s Juvenile Justice Benchbook, Chapter 19.

²⁰ For more information on the precedential value of an opinion with negative subsequent history, see our note.