Mich. Comp. Laws » Michigan Compiled Laws / Chapter 768 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 768.8 (2026)

Issues of fact to be tried by jury; waiver of trial by jury.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


768.8 Issues of fact to be tried by jury; waiver of trial by jury.

Sec. 8.

    Issues of fact shall be tried by a jury drawn, returned, examined on voir dire, and empaneled in the manner provided by law for the trial of issues of fact in civil cases. The accused may waive any trial by jury in the manner set forth in section 3 of chapter III.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17301 ;-- CL 1948, 768.8 ;-- Am. 1988, Act 89, Eff. June 1, 1988

FormerLaw Notes:

    See section 1 of Ch. 165 of R.S. 1846, being CL 1857, § 6068; CL 1871, § 7947; How., § 9559; CL 1897, § 11942; and CL 1915, § 15815.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1973–2023 · leading case: People v. Uphaus, 737 N.W.2d 519 (Mich. Ct. App. 2007).
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People v. Uphaus, 737 N.W.2d 519 (Mich. Ct. App. 2007). “at 164, citing MCL 768.8(1). [I]n all but a few cases, a sentence imposed in Michigan is an indeterminate sentence.”
People v. Nichols, 213 N.W.2d 558 (Mich. Ct. App. 1973). · cites it 2× “MCLA 768.8; MSA 28.1031. Contested issues of law are to be resolved by the trial court, and any sentence imposed in the event of conviction is solely the responsibility of the court, MCLA 769.”
People of Michigan v. Jauwan Tims (Mich. Ct. App. 2020). “And indeed, audiovisual recordings of interrogations of individuals suspected to be involved in major felonies are required by MCL 768.8(2). However, the failure to comply with the statute “does not prevent any law enforcement official present during the taking of the statement…”
People of Michigan v. Robert Yarbrough Jr (Mich. 2023). “(concerning jurors); Chapter 8 of the Code of Criminal Procedure, MCL 768.8 to MCL 768.10 and MCL 768.12 to MCL 768.”
— Mich. Comp. Laws § 768.8(1) — 1 case
People v. Uphaus, 737 N.W.2d 519 (Mich. Ct. App. 2007). “at 164, citing MCL 768.8(1). [I]n all but a few cases, a sentence imposed in Michigan is an indeterminate sentence.”
— Mich. Comp. Laws § 768.8(2) — 1 case
People of Michigan v. Jauwan Tims (Mich. Ct. App. 2020). “And indeed, audiovisual recordings of interrogations of individuals suspected to be involved in major felonies are required by MCL 768.8(2). However, the failure to comply with the statute “does not prevent any law enforcement official present during the taking of the statement…”
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