Acknowledgments

The Criminal Proceedings Benchbook, Volume 3, is part of a three-volume set. The Criminal Proceedings Benchbook, Volume 1, concerns pretrial and trial matters, the Criminal Proceedings Benchbook, Volume 2, concerns sentencing, and the Criminal Proceedings Benchbook, Volume 3, concerns posttrial matters.

This revised edition of the Criminal Proceedings Benchbook, Volume 3, was authored by MJI Research Attorneys Lisa Schmitz and Kimberly Muschong and was edited by MJI Publications Manager Sarah Roth. The authors of this edition were greatly assisted by an editorial advisory committee whose members reviewed draft text and provided valuable feedback. The members of the editorial advisory committee were:

•Brett DeGroff, State Appellate Defender Office, Assistant Defender

•The Honorable John H. Hallacy, 37th Circuit Court, Calhoun County

•The Honorable Hala Y. Jarbou, 6th Circuit Court, Oakland County

•Anica Letica, Michigan Attorney General’s Office, First Assistant Attorney General, Criminal Appellate Division

•The Honorable Sarah S. Lincoln, 37th Circuit Court, Calhoun County

•The Honorable Gerald M. Prill, 52nd Circuit Court, Huron County

The Criminal Proceedings Benchbooks, Volumes 1, 2, and 3, derive from the former MJI Circuit Court Benchbook: Criminal Proceedings and MJI Criminal Procedure Monograph Series. The information from those publications has been combined and reorganized to better serve MJI’s core audience.

The MJI Michigan Circuit Court Benchbook was originally authored by Judge J. Richardson Johnson, 9th Circuit Court. In 2009, the Michigan Circuit Court Benchbook was revised and broken into three volumes: Circuit Court Benchbook: Civil Proceedings—Revised Edition; Circuit Court Benchbook: Criminal Proceedings—Revised Edition; and Evidence Benchbook. The three volumes were revised by MJI Research Attorneys Sarah Roth and Lisa Schmitz.

The MJI Criminal Procedure Monograph series formerly contained the following titles:

•Monograph 1: Issuance of Complaints & Arrest Warrants—Fourth Edition

•Monograph 2: Issuance of Search Warrants—Fourth Edition

•Monograph 3: Misdemeanor Arraignments & Pleas—Third Edition

•Monograph 4: Felony Arraignments & Pleas—Third Edition

•Monograph 5: Preliminary Examinations—Third Edition

•Monograph 6: Pretrial Motions—Third Edition

•Monograph 7: Probation Revocation—Fourth Edition

•Monograph 8: Felony Sentencing—Revised Edition

•Monograph 9: Postconviction Proceedings

Former MJI Criminal Procedure Monographs 1-7 were originally authored in 1992 by MJI staff members Leonhard J. Kowalski, Dawn F. McCarty, and Margaret Vroman. The 1992 edition was funded in part by a grant from the W.K. Kellogg Foundation. Subsequent editions of these monographs were revised by MJI Research Attorneys with the assistance of an editorial advisory committee.

Former MJI Criminal Procedure Monograph 8 was originally authored by former MJI Publications Manager Phoenix Hummel. Ms. Hummel and MJI Research Attorney Lisa Schmitz contributed to the revised edition and were assisted by an editorial advisory committee. MJI Publications Manager Sarah Roth served as editor.

Former MJI Criminal Procedure Monograph 9 was originally authored by MJI Research Attorney Lisa Schmitz. Former MJI Publication Manager, Phoenix Hummel, served as editor. In addition, Ms. Schmitz was assisted by an editorial advisory committee.

Using This Benchbook

This benchbook is intended for Michigan judges who handle criminal cases. The purpose of this benchbook is to provide a single source to address issues that may arise while the judge is on the bench. The benchbook is designed to be a quick reference, not an academic discussion. In that context, one of the most difficult challenges is organizing the text so that the user can readily find any topic as it arises.

This book has underlying themes that may assist the user to understand the overarching concepts around which the book is organized. This book is based upon the following concepts:

•The focus is on process rather than substantive law although substantive law is discussed when important or necessary to decision-making and the process as a whole.

•The text covers the routine issues that a judge may face and non-routine issues that require particular care when they arise.

•The text is intended to include the authority the judge needs to have at his or her fingertips to make a decision.

•The text is designed to be read aloud or incorporated in a written decision.

•The text attempts to identify whether the court’s decision is discretionary.

With these concepts in mind, the text is organized as follows:

•The format generally follows the sequence of the Michigan Court Rules and the Michigan Rules of Evidence.

•The format generally follows the typical sequence in which issues arise during the course of a case.

•At the beginning of each chapter is a table of contents that lists what is covered in the chapter.

•Sections in each chapter are identified by the word or phrase typically used to identify the topic (a keyword concept).

•The discussion of each topic is designed to move from the general to the specific without undue elaboration.

•If the court is required to consider particular factors when making a decision, every effort has been made to identify the necessary elements.

•Every effort has been made to cite the relevant Michigan law using either the seminal case or the best current authority for a body of law. United States Supreme Court decisions are cited when Michigan courts are bound by that authority and they are the original source. There are references to federal decisions or decisions from other states when no applicable Michigan authority could be located.

•Every effort has been made to cite the source for each statement. If no authority is cited for a proposition, then the statement is the committee’s opinion.

•If a proceeding or rule of evidence is based upon a statute, reference to that authority is given in the text.

 

 

 

 

The Michigan Judicial Institute (MJI) was created in 1977 by the Michigan Supreme Court. MJI is responsible for providing educational programs and written materials for Michigan judges and court personnel. In addition to formal seminar offerings, MJI is engaged in a broad range of publication activities, services, and projects that are designed to enhance the professional skills of all those serving in the Michigan court system. MJI welcomes comments and suggestions. Please send them to Michigan Judicial Institute, Hall of Justice, P.O. Box 30048, Lansing, MI 48909. (517) 373–7171.