768.18 Jury; impaneling; number of members; qualifications; excusing jurors; reducing jury to 12 members.

388 words·~2 min read·/mi/chapter-768/768-18

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Sec. 18.

(1)Any judge of a court of record in this state about to try a felony case which is likely to be protracted, may order a jury impaneled of not to exceed 14 members, who shall have the same qualifications and shall be impaneled in the same manner as is, or may be, provided by law for impaneling juries in such courts. All of those jurors shall sit and hear the cause. Should any condition arise during the trial of the cause which in the opinion of the trial court justifies the excusal of any of the jurors so impaneled from further service, he may do so and the trial shall proceed, unless the number of jurors be reduced to less than 12. In the event that more than 12 jurors are left on the jury after the charge of the court, the clerk of the court in the presence of the trial judge shall place the names of all of the jurors on slips, folded so as to conceal the names thereon, in a suitable box provided for that purpose, and shall draw therefrom the names of a sufficient number to reduce the jury to 12 members who shall then proceed to determine the issue presented in the manner provided by law.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17311 ;-- CL 1948, 768.18 ;-- Am. 1974, Act 63, Eff. May 1, 1974

Compiler's Notes: This section is a substantial reenactment of Act 56 of 1923. Section 2 of Act 63 of 1974 provides:“Effective date.“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date.

The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”