DECLARATION OF RIGHTS OF THE CONSTITUTION OF THE STATE OF MICHIGAN


Sec. 1 - Political power
All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.


Sec. 2 - Equal protection; discrimination
No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin. The legislature shall implement this section by appropriate legislation.


Sec. 3 - Assembly, consultation, instruction, petition
The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of grievances.


Sec. 4 - Freedom of worship and religious belief; appropriations
Every person shall be at liberty to worship God according to the dictates of his own conscience. No person shall be compelled to attend, or, against his consent, to contribute to the erection or support of any place of religious worship, or to pay tithes, taxes or other rates for the support of any minister of the gospel or teacher of religion. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary; nor shall property belonging to the state be appropriated for any such purpose. The civil and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his religious belief.


Sec. 5 - Freedom of speech and of press
Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press.


Sec. 6 - Bearing of arms
Every person has a right to keep and bear arms for the defense of himself and the state.


Sec. 7 - Military power subordinate to civil power
The military shall in all cases and at all times be in strict subordination to the civil power.


Sec. 8 - Quartering of soldiers
No soldier shall, in time of peace, be quartered in any house without the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law.


Sec. 9 - Slavery and involuntary servitude
Neither slavery, nor involuntary servitude unless for the punishment of crime, shall ever be tolerated in this state.


Sec. 10 - Attainder; ex post facto laws; impairment of contracts
No bill of attainder, ex post facto law or law impairing the obligation of contract shall be enacted.


Sec. 11 - Searches and seizures
The person, houses, papers and possessions of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this Section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.

Constitutionality: The last sentence of this section was held invalid as in conflict with U.S. Const., Amend. IV. Lucas v. People, 420 F.2d 259 (C.A. Mich. 1970); Caver v. Kropp, 306 F.Supp. 1329 (D.C. Mich. 1969); People v. Pennington, 383 Mich. 611, 178 N.W. 2d 460 (1970); People v. Andrews, 21 Mich. App. 731, 176 N.W. 2d 460 (1970).


Sec. 12 - Habeas corpus
The privilege of the writ of habeas corpus shall not be suspended unless in case of rebellion or invasion the public safety may require it.


Sec. 13 - Conduct of suits in person or by counsel
A suitor in any court of this state has the right to prosecute or defend his suit, either in his own proper person or by an attorney.


Sec. 14 - Jury trials
The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree.


Sec. 15 - Double jeopardy; bailable offenses; commencement of trial if bail denied; bail hearing; effective date
No person shall be subject for the same offense to be twice put in jeopardy. All persons shall, before conviction, be bailable by sufficient sureties, except for murder and treason when the proof is evident or the presumption great.

[Am. H.J.R. Q, approved Nov. 7, 1978, Eff. May 1, 1979.]

(a) A person who, within the 15 years immediately preceding a motion for bail pending the disposition of an indictment for a violent felony or of an arraignment on a warrant charging a violent felony, has been convicted of 2 or more violent felonies under the laws of this state or under substantially similar laws of the United States or another state, or a combination thereof, only if the prior felony convictions arose out of at least 2 separate incidents, events, or transactions.

(b) A person who is indicted for, or arraigned on a warrant charging, murder or treason.

(c) A person who is indicted for, or arraigned on a warrant charging, criminal sexual conduct in the first degree, armed robbery, or kidnapping with intent to extort money or other valuable thing thereby, unless the court finds by clear and convincing evidence that the defendant is not likely to flee or present a danger to any other person.

(d) A person who is indicted for, or arraigned on a warrant charging, a violent felony which is alleged to have been committed while the person was on bail, pending the disposition of a prior violent felony charge or while the person was on probation or parole as a result of a prior conviction for a violent felony.

If a person is denied admission to bail under this section, the trial of the person shall be commenced not more than 90 days after the date on which admission to bail is denied. If the trial is not commenced within 90 days after the date on which admission to bail is denied and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set the amount of bail for the person.

As used in this section, "violent felony" means a felony, an element of which involves a violent act or threat of a violent act against any other person.

This section, as amended, shall not take effect until May 1, 1979.


Sec. 16 - Bail; fines; punishments; detention of witnesses
Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted; nor shall witnesses be unreasonably detained.


Sec. 17 - Self-incrimination; due process of law; fair treatment at investigations
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. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed.


Sec. 18 - Witnesses; competency, religious beliefs
No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief.


Sec. 19 - Libels, truth as defense
In all prosecutions for libel, the truth may be given in evidence to the jury; and, if it appears to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the accused shall be acquitted.


Sec. 20 - Rights of accused in criminal proceedings
In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than 12 jurors in all courts not of record; to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; to have an appeal as a matter of right; except as provided by law an appeal by an accused who pleads guilty or nolo contendere shall be by leave of the court; and as provided by law, when the trial court so orders, to have such reasonable assistance as may be necessary to perfect and prosecute an appeal.


Sec. 21 - Imprisonment for debt
No person shall be imprisoned for debt arising out of or founded on contract, express or implied, except in cases of fraud or breach of trust.


Sec. 22 - Treason; definition, evidence
Treason against the State shall consist only in levying war against it or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act or on confession in open court.


Sec. 23 - Enumeration of rights not to deny others
The enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the people.


Sec. 24 - Rights of crime victims; enforcement; assessment against convicted defendants
(1) Crime victims, as defined by law, shall have the following rights, as provided by law:

The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.

The right to timely disposition of the case following arrest of the accused.

The right to be reasonably protected from the accused throughout the criminal justice process.

The right to notification of court proceedings.

The right to attend trial and all other court proceedings the accused has the right to attend.

The right to confer with the prosecution.

The right to make a statement to the court at sentencing.

The right to restitution.

The right to information about the conviction, sentence, imprisonment, and release of the accused.

(2) The legislature may provide by law for the enforcement of this section.

(3) The legislature may provide for an assessment against convicted defendants to pay for crime victims' rights.


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