The Michigan Prosecutors Guide to Community, Media and Public Relations

January 2009
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Introduction
This kit is designed to be used with reporters in your area to educate them on your ethical constraints, the policies of your office, and the basics of the criminal justice system.

PAAMs media policy states, in part:

The prosecutors of Michigan affirm our adherence to the standards that govern our public statements. These standards include Michigan Rules of Professional Conduct 3.6 governing extrajudicial statements by attorneys, and Rule 3.8 (e) concerning our special responsibilities as prosecutors.

PAAM recognizes that there are times when a prosecutor is constrained in discussing the details of the case, yet would find it helpful if the broader issues were presented. For example, you may not be able to discuss the details of the juveniles case, but it would be helpful to have the broader issue of juveniles and the criminal justice system addressed. In such instances, PAAM has a list of prosecutors who have agreed to be resources on different issue areas. If youd like a referral to a prosecutor who can speak on the issue, or if you would like to offer to be a source for an issue, please contact KC Steckelberg at PAAM.

Table of Contents
Media Relations:
Michigan Rules of Professional Conduct Top Ten Rules of Media Relations The Interview Difficult Interview Tip Sheet The Message Responding to a Negative Story page 4 page 7 page 8 page 10 page 11 page 12

Public Relations Planning:

The Communications Plan Elements of an Effective PR Plan page 13 page 14

Community Relations
Ways to Communicate When You Are Not Being Covered page 15

Appendix
Domestic Violence Underage Drinking Drunk Driving Recidivism Sample Public Education Plan How to Write a News Release Sample Media Advisory Sample Op Ed Sample Press Release Sample Public Service Announcement Public Outreach Calendar New Reporters Press Kit page 17 page 18 page 19 page 20 page 21 page 23 page 24 page 25 page 26 page 28 page 29 page 30

Michigan Rules of Professional Conduct

Rule 3.6 Trial Publicity. A lawyer shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have substantial likelihood of materially prejudicing an adjudicative proceeding. COMMENT: It is difficult to strike a balance between protecting the right to a fair trial and safeguarding the right of free expression. Preserving the right to a fair trial necessarily entails some curtailment of the information that may be disseminated about a party prior to trial, particularly where trial by jury is involved. If there were no such limits, the result would be the practical nullification of the protective effect of the rules of forensic decorum and the exclusionary rules of evidence. On the other hand, there are vital social interests served by the free dissemination of information about events having legal consequences and about legal proceedings themselves. The public has a right to know about threats to its safety and measures aimed at assuring its security. It also has a legitimate interest in the conduct of judicial proceedings, particularly in matters of general public concern. Furthermore, the subject matter of legal proceedings is often of direct significance in debate and deliberation over questions of public policy. No body of rules can simultaneously satisfy all interests of fair trial and all those of free expression. Moreover, the confidentiality provisions of Rule 1.6 may prevent the disclosure of information which might otherwise be included in an extrajudicial statement. In addition, special rules of confidentiality may validly govern proceedings in juvenile, domestic relations, and mental disability proceedings, and perhaps other types of litigation. Rule 3.4(c) requires compliance with such rules. For guidance in this difficult area, one may consider the following language adapted from the American Bar Associations Model Rule 3.6: (a) A statement referred to in Rule 3.6 ordinarily is likely to have such a prejudicial effect when it refers to a civil matter triable to a jury, a criminal matter, or any other proceeding that could result in incarceration, and the statement relates to: (1) the character, credibility, reputation or criminal record of a party, of a suspect in a criminal investigation or of a witness, or the identity of a witness, or the expected testimony of a party or witness; (2) in a criminal case or proceeding that could result in incarceration, the possibility of a plea of guilty to the offense or the existence or contents of any confession, admission, or statement given by a defendant or suspect, or that persons refusal or failure to make a statement; (3) the performance or results of any examination or test, or the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented; (4) any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; (5) information that the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and that would, if disclosed, create a substantial risk of prejudicing an impartial trial; or (6) the fact that a defendant has been charged with a crime, unless there is included therein a statement explaining that the charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty.
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(b) Notwithstanding Rule 3.6 and paragraphs (a)(1-5) of this portion of the comment, a lawyer involved in the investigation or litigation of a matter may state without elaboration: (1) the general nature of the claim or defense; (2) the information contained in a public record; (3) that an investigation of the matter is in progress, including the general scope of the investigation, the offense or claim or defense involved and, except when prohibited by law, the identity of the persons involved, (4) the scheduling or result of any step in litigation; (5) a request for assistance in obtaining evidence and information necessary thereto; (6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and (7) in a criminal case: (A) the identity, residence, occupation and family status of the accused; (B) if the accused has not been apprehended, information necessary to aid in apprehension of that person; (C) the fact, time and place of arrest; and (D) the identity of investigating and arresting officers or agencies and the length of the investigation.

Rule 3.8 Special Responsibilities of a Prosecutor. The prosecutor in a criminal case shall: (a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause; (b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel; (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing; (d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the degree of the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and (e) exercise reasonable care to prevent investigators, law enforcement personnel, employees, or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6.

COMMENT: A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence. Precisely how far the prosecutor is required to go in this direction is a matter of debate. Cf. Rule 3.3(d), governing ex parte proceedings, among which grand jury proceedings are included. Applicable law may require other measures by the prosecutor, and knowing disregard of those obligations or a systematic abuse of prosecutorial discretion could constitute a violation of Rule 8.4. Paragraph (c) does not apply to an accused appearing pro se with the approval of the tribunal. Nor does it forbid the lawful questioning of a suspect who has knowingly waived the rights to counsel and silence. The exception in paragraph (d) recognizes that a prosecutor may seek an appropriate protective order from the tribunal if disclosure of information to the defense could result in substantial harm to an individual or to the public interest. in paragraph (b) and (e), this rule imposes on a prosecutor an obligation to make reasonable efforts and to take reasonable care to assure that a defendants rights are protected. Of course, not all of the individuals who might encroach upon those rights are under the control of the prosecutor. The prosecutor cannot be held responsible for the actions of persons over whom the prosecutor does not exercise authority. The prosecutors obligation is discharged if the prosecutor has taken reasonable and appropriate steps to assure that the defendants rights are protected.

General: This Code of Conduct should be held as the go to document when dealing with any type of media. As prosecutors, we have the duty of being advocates for not only the victims of crimes but we must also uphold our constitutional duty to say that the accused is innocent until proven guilty beyond a reasonable doubt. We must leave our emotions aside at times and follow this Code of Conduct to ensure that we are both an advocate for the accused and the victim.

A Prosecutor is held to a higher standard than that imposed on other attorneys because of the unique function he or she performs in representing the interests, and exercising the sovereign power, of the state.
People v. Kelley, 142 Cal. Rptr, 457, 75 Cal. App. 3d 672 (1977)

Top Ten Rules of Media Relations:

1. Respect reporters, return their calls and try to meet their deadlines. 2. Make sure the reporters know your professional ethical obligations in MRPC 3.6 and 3.8 3. An interview starts with hello. From the moment the press reaches you over the phone or in person, you are on the record. Do not say anything that you would not like to see in tomorrows headline. 4. Prepare. Know what your 3 key messages are, what story or illustration you are going to use, and what the hard question may be. 5. Control the interview. It is acceptable to change the location of the interview, to ask to get back with them in fifteen minutes, and to answer a different question than what is asked. 6. Be the expert. A news story always has a villain, a victim, an expert and a hero. If you cant be the hero, be the expert. 7. Build relationships with reporters. Be accessible. Be fair. Provide information where possible and appropriate. Suggest other people they may want to talk to. Do coffee or an occasional lunch. A little goodwill can pay off when a difficult story arises. 8. Do not be afraid to say, I dont know. Let me check and Ill get back to you. By doing so, you can accurately send out your message and not stumble on an impromptu mistake. Dont try to fake it; the camera is great for picking up on that. Be accurate and you will earn the trust of the media and public. 9. Become known as a resource. Establish yourself as the person who will give timely and accurate information. Example: Henry Ford was the best known resource of his time. Whenever a story about the auto industry was about to break, the media first came to Ford because of his openness and willingness to meet with the media. He even was quoted at times for stories that had nothing to do with Ford or the auto industry. 10. Allow equal access to all media. The outlet that didnt cover you favorably last time may do so this time. A way in which to release information to the media at the same time is through a news conference. Though this should only be used when the issue is truly newsworthy, the media all have a fair and equal chance to ask you questions.

The Interview
The interview is sometimes viewed as one of the most difficult situations to master for any type of professional. Media use interviews for one purpose alone, to get a story. Ugly Facts of the Media:

They want a story. They are looking for a villain, a victim, a hero and an expert, and they will place you in any of those roles as they so choose. You should try to give them a reason to place you into the role you would like to be perceived as, and make that a responsibility of yours during the interview. The media sets the truth because they control the publics perception. Whoever gets to the media first gets 90% of the story. Other media will follow the first story and include their facts in the new story. Accuracy is sacrificed for speed.

What to Ask the Media When They Call for a Story:

Name of the reporter and the outlet that they represent Phone number Topic of the story The scope of the issue the reporter wants to discuss Determine the length of the interview. A copy of the background they may have, if appropriate. Deadline Any other interviewees?

The Interview

Breathe. Collect your thoughts. While you are in the presence of the reporter, you are live. Assume the microphone is on, and the camera is on, even if it looks as though the camera is being set up or put away. When the reporters arrive, the cameraperson will start to shoot the room before the interview even starts. Never relax. (One prosecutor was burned when he was joking with police outside the courtroom, and the media made it look as though he was callous and uncaring). Keep your audience in mind when speaking. Use of legal jargon and acronyms will not properly convey your message most times.
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The Interview continued

There are no courtroom stories. There are real life events that happened to people and can affect them for the rest of their lives. Develop your 3 key messages and get them out early. Try to answer each question by referring back to some aspect of your 3 key messages Be colorful. Tell a story. Or create a picture with your words. Use an example or an anecdote. Or use a prop like a newspaper headline, or a layout of a future project you are trying to promote within your community. Do NOT use No Comment. Either answer the question with one of your key messages, or explain that you are unable to answer the question because of your professional ethical constraints. Who else should get credit? Acknowledge local law enforcement, attorneys in your office, etc. For live camera interviews, make sure your appearance and setting communicate what you want.
You dont want to be talking about a serial murderer while you are on the golf course or

talking about a case with inappropriate jokes posted on the wall behind you.
Wear navy or primary colored suits, red ties or accents, avoid stripes. Do a last minute mirror check to avoid any embarrassing cosmetic issues. Remember your non-verbals as well. They alone can convey a message that is contrary to

the message you are attempting to convey. This includes:

The tone of your voice Body Language Facial expressions

Have your staff help you prepare for the worst possible question. If you are prepared to answer this, you will not be caught off guard and say something that you will regret. Suggest another source they may also want to talk to. By doing this, you influence the medias sources, and appear helpful. Also, if there are any questions regarding what you should do in a given situation during an interview, please feel free to call PAAM. We are here to help you through any media- related issue and want to help you be proactive and not reactive.

Difficult Interview Tip Sheet

Before the Interview:

Go over the facts of the case Prepare your 3 key messages Brainstorm the questions that you don't want to answer, and come up with adequate responses

The Interview:

Pause Maintain facial contact (eyes anywhere on the face) Listen to the question. Think, What would the question be if asked by a nice person? Then proceed to answer that question Acknowledge the issue. Use terms like: - Im sorry you feel that way - I can understand how you reached that conclusion. However - Let me explain what the facts really state - If I understand your question, what you are really asking me is

Use eight second sound bites Be memorable use stories, anecdotes, examples that will stick Keep returning to your key messages

What to Say When You Cant Say Anything

This is an ongoing investigation, and I will keep the public informed as we move forward. Im very concerned about the victims in this case, and we will push forward Id like to salute the work of our (insert department name) for making such a commitment Its unethical for me to comment on an ongoing case, but I can tell you Remember that you are ethically bound to say nothing at times. Just remind the media of the ongoing investigation and make sure that other law enforcement follow the same ethical bounds.

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The Message:
You should be able to state your message in one line. I stand for justice. I am the first defender of the innocent. I pursue truth and justice. My office is the leader in seeking to end domestic violence in our community. Ask yourself, would my nine year old understand this? Remove legal jargon. Would my grandmother understand this? How can I explain it so that she will understand better? The message should focus on how the issue affects people. (Not facts, statistics, or policy). Paint a picture, tell a story. Help the listener visualize your message.

Decide what you want your quote to be.

Words to work into your key message:

Commitment Trust Care about people Professionalism Fair History and pride Integrity Team Justice

Sample Message:
Due to the recent news coverage of juvenile murder cases, I would like to highlight what we are doing in order to reduce violent crime especially among the youth. The key to reducing crime is education and reaching the youth before they get in touch with the criminal justice system in the first place. By being proactive in our fight against crime, we have already seen a measurable difference in the type of crime being committed as well as the amount. We need to be the leaders in our society and by being committed to this cause we can be. However, the youth that have already been exposed to the criminal justice system cannot be ignored. We will continue to do as much as humanly possible to ensure these youth get the appropriate opportunities for rehabilitation to ensure a bright future.

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Responding to the Negative Story

Imagine: You get up in the morning, open the paper while brushing your teeth, and see the
headline. Reading the article, you realize that not only are you painted in a bad light, but the facts are wrong. How do you respond?

Often the best response is no response. If they throw mud at you and you dont respond, its a one day story. If you respond, its a four day story. (the story, your response, the counter-story, and the editorial).

Determine if the story is factually in error, and if they are important enough to be corrected. Dont ask for an article to be corrected because they say you are 42 when your age is really 41. The grief you cause for the media outlet with that kind of correction isnt worth it in the long run. (And no one will read the correction on page 26 anyway!)

If the facts are important enough they need to be corrected, start by calling the reporter and determine if they will write a follow-up. If you are not satisfied with your contact with the reporter, question yourself again with how important this is. If you still feel it needs to be resolved, call the editor. Do not paint the reporter in a negative light, but instead frame the situation positively. In your article today on drug courts, it stated that any drug case was eligible. Im concerned that people who are convicted of these crimes will think they automatically get drug court. Can we do a second story that includes an interview with one of the graduates of the drug court, and clarify the issue?

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The Communications Plan:

Forecast. What are your plans for the year that you want to communicate to the public? What are the future issues that your office will address?

Identify the key initiatives you want to communicate to the public. Ideally, you will have at least one per quarter.

Establish a leadership position. As the chief law enforcement official in the county, look at the areas where you want to carve out a leadership position. Does your county need truancy enforcement? Unified law enforcement? Focus on drunk driving, domestic violence or teen pregnancy?

Develop community relationships. Identify what community groups your office should work with, such as MADD, the local domestic violence shelter, schools, churches, chambers, etc.

Develop an individual plan for each project. For example, develop a communications plan on Crime Victims Rights Week, which includes: The different audiences you want to reach (such as community leaders, media, victims, etc), The message The way you are going to reach outsuch as media interviews, community events, speaking engagements, etc. The follow up

See the appendix for a sample PR plan.

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Elements of a Good Public Relations Plan

Meet with individual reporters in your area once a year to talk about the impact of crime on victims, victim sensitization, crime statistics, victim privacy issues, etc. Give them a press kit with statistical information and the rules of ethics. Look at natural times of years to promote your projects. (Crime Victims Rights Month, Domestic Violence Prevention Month, etc). You should plan one media/public relations project a quarter. (See Calendar on page 29) Reach out in non-press ways: > Include information about your offices activities in speeches to community groups. > Distribute brochures in the office lobby, or set up a lobby display. > Work with local schools on community events. > Set up events to attract the public or the media.

Recruit a victim who could be available to the media when the media is looking for an interview. This person could answer questions like, how does it feel when...

Develop your message: the three key messages to these questions: > What is the importance of a prosecutor to the community? > What should the public know about crime, or crime prevention?

Develop your answers for when you cant answer the question. (See page 10 for more) Prosecutors are public servants. We owe our constituents as much openness as permitted under the rules of ethics.

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Communicating When You Are Not Being Covered

What Can You Do?

First, frame your story so that it has human interest. Can you identify a person from the community to be interviewed? Can you involve kids? Is there an interesting photo that can go with it? But sometimes after all of that, the media just isnt going to pick up your story. How do you get the word out?

Announce it at a city council or county commission meeting. Speak to community groups, such as Rotary, Kiwanis, Elks, Moose, etc. Write an Op Ed piece. Host a breakfast of community leaders. Note that this is the person who starts word of mouth news in your county. This may be the local gas station owner, or the waitress at a popular restaurant, or a business leader. If your leader starts word of mouth, you can often get information out there quicker than if you get the feature story in the media. Host your own cable or radio show. Identify alternate media. Often such things as placemats, grocery store bags, or a coffee cup can be used as communication tools. Can someone else communicate your message? For example, if your local drug team is announcing the project, see if the law enforcement officials or health care officials can take the lead. Use Tie-In media promotion. For example, can you approach the media about being a cosponsor for Crime Victims Rights Week? Use your web site effectively! You can include as much, or as little information as you like. For example, consider having a monthly prosecutors column on the main page.

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Appendix

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Domestic Violence
Domestic violence cuts across all lines: religion, socioeconomic status, gender, and culture. The issue today accounts for roughly $3 - $5 billion lost in productivity. How Big is it? Roughly 3.5 million violent crimes between the years 1998 and 2002 were committed against family members. Nearly half of those were committed against a spouse. 84% of spousal abuse victims are female. 2 million violent crimes were committed by a boyfriend/girlfriend in the same period. 86% of the victims in this relationship are female. What to Expect from Survivors of Domestic Violence Some survivors will Deny, Minimize, Protect the abuser Recant their story entirely Stay in the abusive relationship Return to the abuser after leaving Blame themselves Use alcohol or drugs Act in self-defense Seek help

Major issue is Leaving is not safe Reasons why the victim doesnt leave Fear Economic Reasons Love Children Family and Community Pressure Denial

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Underage Drinking
One of the most wide spread problems facing both the United States and Michigan is underage drinking. By the 12th grade, nearly 50% of children stated that Alcohol is their drug of choice. Alcohol- related tragedies are the #1 cause of death for 16-24 year olds. Not only is death a consequence of drinking but also: Alcohol- related sexual assaults are at an all time high 16-24 year olds are the highest population contracting HIV/AIDS High correlation between early alcohol use and domestic violence Alarming Facts In 2001, nearly 5000 people under 21 died from excessive drinking. If a child starts drinking before the age of 15, they are 5 times more likely to develop a drinking problem as an adult. In 2004, nearly one in five 8th graders had a drink in the past month, 1/3 of 10th graders and nearly of all 12th graders. The average age of a childs first drink is now 12, and nearly 20 percent of 12 to 20 year olds are considered binge drinkers Why is it an issue? The brain goes through dynamic changes during adolescence, and alcohol can seriously damage long and short term growth processes. Damage from alcohol is irreversible. Adolescent drinkers scored worse than non-users on vocabulary, general information, and other memory retrieval tests. Adolescent drinkers perform worse in school, are more likely to fall behind and have increased risk of social problems, depression, suicidal thoughts and violence.

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Drunk Driving
The Facts

About 3 in every 10 Americans will be involved in an alcohol-related crash at some time in their lives. Alcohol- related traffic crashes injure an American every 2 minutes. There is one fatality every 30 minutes.

Michigan Facts

Michigan alone has roughly 1,400 deaths due to alcohol- related crashes every year. In 2007, 12,185 crashes involved alcohol. Of the 12,185 crashes, 4,829 of them resulted in injury and 313 resulted in death.

The Cost to Drink and Drive

Fines up to $500 for a first offense Court costs of $300-$800 Fees for the Victims Rights Assessment Probation fees Cost of an attorney Increased insurance premiums

$2000 to Secretary of State for driver responsibility fees Drivers license suspended for 6 months.

What Must We Do?

Continue to educate Michigan on the dangers of drunk driving Educate the public on repeat offender laws More offenses means increased penalties Car may be forfeited or immobilized License suspended for longer amount of time Train law enforcement and prosecutors to better understand the issue

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Recidivism
70.00% 60.00% 50.00% Rate 40.00% 30.00% 20.00% 10.00% 0.00%

This chart shows Michigans recidivism rate for the last 12 years. While some may say that the increase has been minimal, they are mistaken. The costs associated with increases in recidivism range from not only financial costs but costs to the community in the form of additional crimes being committed by the same people.

19 94 19 95 19 96 19 97 19 98 19 99 20 00 20 01 20 02 20 03 20 04 20 05 20 06
Years

Prison Intake for 2006

Total Felony Dispositions, 52031

Total Sent to Prison, 14270

Parole/ Probation, 8845

New Commitments, 5425

In 2006, parole and probation violators accounted for over 60% of the total prison intake. This is very concerning as it is the root of all issues concerning budgets, violent crimes and the safety of Michigan. If we are to attempt to fix the crime problem in the state of Michigan, we must look at fixing the recidivism rate first. We must look at both ends of the issue, by focusing on the back end we have already lost. By focusing on the front end with prevention, we may be able to reduce the amount of crime done in the first place. In order to help the back end though, we must invest in educational services and other services that can properly prepare an inmate for release back into the community.

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SAMPLE PUBLIC EDUCATION PLAN: DNA

Strategy 1: Prosecutors The purpose of this strategy is to inform Michigans Prosecutors of the possibility of misleading results of testing DNA samples collected before appropriate collection guidelines were established, and how to address these issues at any post-conviction hearing requesting testing of an old sample.

Execution: Continuing update in Michigan Prosecutor Letter from Brian Peppler, with background materials, to all prosecutors by August 1, 2009 Presentation at Annual Conference in August 2009 DNA training set for Fall 2009 Encourage national information effort, including article in NDAAs The Prosecutor; by Fall 2009.

Strategy 2: General Public The purpose of this strategy is to position Michigans Prosecutors as leader/expert on issues of technology and crime; first line of defense for the innocent; and serving the community in the pursuit of justice.

Execution: Identify science expert to discuss issues of early DNA collection and storage. Expert should be able to communicate the issue in easy-to-understand terms; by August 1, 2009. Identify contact in public relations at MSP, and at the DNA labs at MSP for cooperative information, possible lab tours, and discussion of sample collection; by September 1, 2009. Identify reporters at major print media outlets in Michigan, including Detroit Free Press, Detroit News, Booth, AP, Grand Rapids Press, and Lansing State Journal; by August 1, 2009.

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Identify PAAM spokesperson on the issue. Spokesperson would ideally be a Board Member with familiarity and use of DNA testing in major cases; by May 1, 2009. Spokesperson would be backed up by Brian Peppler. . Identify national and Michigan cases where DNA was appropriately used to determine guilt, and inappropriately used to overturn guilt (may require prosecutor survey); by September 1, 2009. Collate cases into background piece Meet with MSP contacts and PAAM spokespeople by May 30, 2009 to determine press access; message; and use of MSP resources. Completed. Write press package, including backgrounder, list of cases, information on DNA, list of experts, editorial column, etc; by September 1, 2009. Develop talking points prosecutors can use when discussing cases with the press that involve DNA testing; by August 1, 2009. Begin press contacts in August, 2009 to pitch lab tours and background information about DNA, appropriate use in cases, etc. The story pitched is about use of technology (DNA) in cases; message regarding DNA testing of old samples may give misleading results to be a secondary part of the pitch. Consider pitching a 3-part series on Contaminating Justice, focusing on a lab tour and a demonstration of DNA contamination. Have editorial guest column ready to drop in September 2009, or earlier if national or Michigan case requires response. Consider developing an 8-12 minute tape on use and dangers of DNA in criminal cases for distribution to the media. Tape may also be used by prosecutors for speeches. Consider providing an interactive DNA page in the www.MichiganProsecutor.org website, and sending a news release to the media promoting it. Evaluate media penetration in September 2009; evaluate bringing in a national expert for a second round of interviews (from NY or NC?); determine if broadcast series is appropriate step for September.

Strategy #3: Legislation

PAAMs Legislative Committee should consider legislation to determine when a closed case should be reopened for DNA testing.

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Fact Sheet: How to Write a News Release

Writing and Sending Press Releases
Use a headline that gets to the point. What you say here determines whether the reader will read the rest of the release. Craft a headline which conveys immediately why this news is important. Start with a strong leading paragraph. Answer who, what, where, when, why, and how. Use this paragraph as a summary for the release. Provide detailed explanation from the reader's perspective. Give details of the news so the editor understands why it's important to his/her readers. Any background information, quotes of note, etc., which illustrate the importance of this news should be included here. The key to writing a good news release is to think of it as an inverse pyramid. You are writing for people with attention spans of 30 seconds, 3 minutes, and 30 minutes. When reading, many people will only choose to scan articles so the most important information should be at the beginning of the release so the reader is able to get the facts. As you continue to write your release it is important to get more detailed as you go on. These details are for the more active audience, the 30 minute audience.

Include complete contact information. Contact name, full address, phone number, email address, and Web site URL. The contact name should be someone who's available and capable of answering questions. Keep it short. Maximum length should be one to two pages and no more than 500 words. Know the editor's deadlines. Weeklies often need the information one week in advance; dailies often put the paper to bed by 11:00 am or 4:00 pm.
With thanks to Infoscavenger Resources

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Contact: KC Steckelberg Phone: (list cell phone number)

For immediate Release: October 20, 2008

Sample Media Advisory

Investigating Domestic Violence

Lansing, MISeveral Michigan organizations will conduct a special conference, Investigating Domestic ViolenceRecognizing the Dominant Aggressor this Monday, October 23, 2008 at the Sheraton Hotel, Lansing MI, from 10:00 am-5:00 pm.

The conference will feature national expert Dr. Dean Hawley, Forensic Pathologist with Indiana University School of Medicine. Dr. Hawley is a specialist in the area of collecting evidence at a crime scene, and determining the true perpetrator. Also presenting at the conference is Robert Passonno, New Yorks Domestic Violence Program Administrator. Both Dr. Hawley and Mr. Passonno will be available to the press for interview at the conference.

The conference will focus on: Reality training: responding to victims of domestic violence Reducing inappropriate arrests Aggressive investigation of domestic violence

Mondays Conference is sponsored by the Michigan State Police, Michigan Commission on Law Enforcement Standards, Prosecuting Attorneys Association of Michigan, and the FIA Domestic Violence Prevention and Treatment Board.

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Sample Op-Ed: Blueprint for Safer Michigan

Michigans prosecutors believe that early intervention early in a childs life is crucial to their future development into adults, and by being active partners in the development of A Blueprint for a Safer Michigan, which outlines key principles for keeping children off the path of crime; we have a chance to make a difference.

The Office of Juvenile Justice and Delinquency Prevention recently released a report discussing juvenile transfers to adult court. The report came to the conclusion that the transfer to adult court had little effect in terms of deterring juveniles from recidivism.

While we recognize that we do have juveniles in the criminal justice system and that they may be facing adult court, their backgrounds, family structure, level of education, type and seriousness of the offense as well as previous offenses should be questioned when comparing juveniles that are transferred and those that are not. The key to the transfer debate is preventing juveniles from ever facing this difficult issue in the first place.

Prosecutors across Michigan are active participants in the development and implementation of juvenile crime prevention efforts, and we will continue to join with law enforcement, child advocates, school officials, legislators and others to prevent juvenile crimes before they happen.

It is a tragedy whenever a violent crime is committed. When the perpetrator is a juvenile, the tragedy is severely compounded. When that occurs, the real question Michigan citizens must ask is, Why are young people committing violent crimes, and how do we prevent it?

Due to the nature of a violent crime, there is an entire family who must deal with the injury of a loved one and a community that forever is changed by the tragic event that took place there.

Michigans prosecutors face difficult decisions concerning young adults who commit violent crimes. We have a duty to protect public safety. We must take into account the devastation to a victims family, to both families. We must determine if a juvenile can be rehabilitated. We take into account a number of factors: facts of the individuals specific crime, prior record of offenses and crimes, any prior attempts of the court system to rehabilitate the individual prior to the incident, and the danger that they may present to society.

After a violent crime has occurred, as a society, we must look at the long term future and how we can prevent other young adults from coming into contact with the criminal justice system. Society, however, cannot purely focus on the future of the offender. There is the life of the victim and the overall safety to the public to also consider. That is why investment in proven early life programs that prevent juvenile crime is so critical.

And as part of a Blueprint for a Safer Michigan, we look forward to working with the advocates in our communities to develop policies to help young people become successful adults.

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Contact: K.C. Steckelberg Phone: (517) 334-6060

For Immediate Release: (Date)

SAMPLE PRESS RELEASE Prosecutors support landmark juvenile justice package

Lansing, MI--The Prosecuting Attorneys Association of Michigan supports the Juvenile Justice Package passed by the House Judiciary Committee, stated PAAM President Michael Thomas. This bi-partisan package provides the system with maximum flexibility to protect the public from violent juvenile criminals while preserving the rehabilitative aspects of juvenile court for offenders who can benefit from them, Thomas said. The fundamental development of the Juvenile Justice package was done by the Senate. The package: ! ! ! ! Expands the number of violent crimes committed by juveniles that can be tried in adult court Provides mandatory adult sentencing for the most serious offenses Expands sentencing options available to probate judges Allows juvenile criminals who cannot or will not comply with lawful conditions of probation to be sentenced to jail or prison. In July 1995 PAAM called for these and other juvenile justice reforms, urging Michigan to adopt a multifaceted effort to reverse juvenile crime trends by combining early intervention in the lives of at-risk children with reform of the juvenile justice process.

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The Michigan legislature has taken a major step toward accomplishing this task. This package enhances our ability to protect the public from violent juvenile criminals by prosecuting them as adults. Juvenile court resources can now be focused on improving the lives of abused children, and the rehabilitation of less serious juvenile offenders , Thomas said.

The Association also calls for a long term solution of a seamless web where one trial court would have comprehensive jurisdiction of criminal offences committed by juveniles and adults.

The Prosecuting Attorneys Association was established in 1929. It is a voluntary association of all 83 of Michigans Prosecuting Attorneys, the Attorney General, and the U.S. Attorneys serving in Michigan. Its primary purposes are to promote fair, swift, and equal justice in enforcing the states criminal laws, and the continuing education of Prosecuting Attorneys and other law enforcement officials.

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Sample PSA
Prosecutors Care About Kids

(Prosecutor in front of a babys crib)

Parents have dreams for their children

(Another holding a baseball glove and ball)

We want them to grow up healthy, and happy, and safe.

(Standing in front of a large stuffed animal)

But crime influences your child. Maybe its the wrong friend. Or the wrong idea that takes on a life of its own

(Standing with a football)

Thats why Michigans Prosecutors are the leaders in such programs as mentoring at risk kids, establishing drug treatment courts for juveniles, and helping local schools develop bully proofing programs

(Holding the hand of a child)

Michigans Prosecutors. We care about our kids...and our communities.

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Public Outreach Calendar

January Mentor Month 11 International Thank You Day June Safety Month 1st week National Safe Boating Week 5 February 1st week National Consumer Protection Week 2nd week National Crime Prevention Week 9-13 17 National Child Passenger Safety Awareness Week Random Acts of Kindness Day July Fireworks Safety Month Purposeful Parenting Month August 11 Family Day Day Against Drug Abuse & Trafficking

March 1st week 3rd week National PTA Drug & Alcohol Awareness Week Inhalants and Poisons Awareness Week

September Baby Safety Month National Alcohol & Drug Addiction Recovery 21 National Hunting & Fishing Day

April Sexual Assault Awareness Month National Alcohol Awareness Month Child Abuse Prevention Month Prevention of Cruelty to Animals Month 6-10 13 National Work Zone Awareness Week National D.A.R.E. Day 5-9 18-24 19-23 October National Crime Prevention Month Domestic Violence Awareness Month Drive Safely Work Week National Teen Driver Safety Week National School Bus Safety Week

Last week National Volunteer Week 26 May 2nd May 1st full week 1st full week 3rd week 3rd week 3rd week 1 15 Be Kind to Animals Week National Family Week December National Drunk and Drugged Driving Prevention Month Safe Toys and Gifts Month 22 Crime Victim Rights Week November Child Safety and Prevention Month National Stop the Violence Day

Alcohol & Other Drug-related Birth Defects Week Emergency Medical Services Week National Police Week

Law Day Peace Officer Memorial Day

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New Reporters Press Package

Dear (Reporters Name): Welcome to your new assignment with (media outlet). I welcome the opportunity to work with you and answer any questions you may have. Enclosed please find the media package I give to all reporters covering the crime beat. Inside you will find the ethical constraints developed by the State Bar of Michigan that I operate under, the steps in prosecuting a criminal case, a statement about victim privacy issues, and local press contacts for my office. I am happy to provide you with any assistance I can within the ethical guidelines, and I look forward to working with you. Sincerely,

Prosecutor County

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Special Policies of My Office:

Media Contacts:

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What We Do
The Prosecuting Attorney is an elected official with a four-year term of office, as provided by the Michigan Constitution. Elections occur at the time of the Presidential election, on the partisan ballot. The Prosecuting Attorney is independent of the Michigan Attorney General. The Prosecuting Attorney's office is responsible for a wide array of legal functions in our county, some of which include:

Chief law enforcement official in the County

Reviews, authorizes and prosecutes violations of felony and misdemeanor criminal laws of the State of Michigan (and County ordinances) committed inside the County. Authorizes and prosecutes felony & misdemeanor juvenile delinquency offenses

Represents the County in criminal matters before the District & Circuit Courts; juvenile delinquency, parental neglect and miscellaneous probate matters in the Circuit Court/Family Division and the Probate Court, and appeals in the Court of Appeals and Michigan Supreme Court

Advises the Family Independence Agency on child abuse and neglect petitions, and actions to terminate parental rights Attends contested mental health commitment hearings

Represents and advises the County Board of Commissioners and other County departments on legal matters

Presides at a monthly Concealed Weapon Permit Board, unless he or she opts off for the remainder of their term. In that case, the county board appoints a certified firearms instructor to replace the Prosecuting Attorney. Files and prosecutes actions to establish paternity Files actions to establish a family support order

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Steps in a Criminal Case

Crime Committed Police Notified Most reported crimes are investigated by the local police, the county sheriff or the state police. A few types of crime (e.g., criminal non-support, public health related crimes, etc.) may be investigated by other agencies.

Police Investigate Investigation may include interviewing victims, witnesses, suspects; collecting physical evidence; visiting, viewing, photographing, measuring the crime scene; identifying suspects through line-ups ... etc.

Police Make an Arrest (or Request a Warrant) When a crime is committed in a police officer's presence -- or he has probable cause to believe that certain misdemeanors or any felony was committed that he did not see happen --an officer may arrest a suspect on the spot without an arrest warrant. The officer will later submit a charging/warrant request to the Prosecuting Attorney, suggesting potential charges to be authorized.

Warrant/Charging Request Reviewed by Prosecuting Attorney Most cases begin with a warrant request. This is generally the first time that the Prosecuting Attorney is involved in a case, unless he reviewed a search warrant or visited the crime scene. At this stage, the Prosecutor determines whether a person should be charged with a crime and, if so, what the crime should be. (Police do not issue charges, prosecutors do.) The Prosecuting Attorney must thoroughly review all reports and records concerning the case, including witness statements. The Prosecutor also reviews the suspect's prior criminal or traffic record. Occasionally, the reviewing Prosecutor sends the case back to the police to conduct additional investigation.

Complaint Issued The Prosecutor can issue a charge on a Complaint if they reasonably believes that probable cause exists that the suspect committed the offense. But, most Prosecuting Attorneys apply a higher standard -- whether they reasonably believes that they can prove the charge beyond a reasonable doubt at trial with the information known at that time.

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Warrant Issued The Complaint is filed in the District Court and signed under oath by an officer from the investigating police department. (The crime victim does not sign the complaint.) The magistrate or judge then signs a warrant --- an order to bring the defendant before the court.

Suspect Arrested (if not already in custody) The delay between the crime date and the defendant's arrest on an authorized charge can take any length of time (e.g., if the defendant's whereabouts are unknown, or if he/she has left the State of Michigan).

District Court Arraignment This is the first court appearance for any misdemeanor or felony. Once charged and arrested, the suspect appears in District Court for arraignment. At arraignment, the defendant is told what the charge(s) is (are) and the maximum penalty if convicted, and is advised of his constitutional rights to a jury or bench trial, appointed attorney, presumption of innocence, etc. The charging document is called a Complaint. The conditions and amount of bond are determined. In some cases --- generally based on the nature of the charge --- the Judge imposes conditions on the bond, such as "no contact" with the victim. Bond is set in almost every case, but it is up to the defendant's own resources to post the bail money, which allows him to be released. All further pre-trial procedures are determined by whether the defendant is charged with a felony or misdemeanor: Misdemeanor

At a misdemeanor arraignment, the defendant will be given a chance to enter a plea to the charge: plead guilty, plead not guilty, or stand mute (i.e., remain silent, which is treated by the court as if the defendant pled not guilty). If he pleads guilty or no contest, the Judge may sentence him on the spot or may reschedule the case for a sentencing date, which will give the probation department time to prepare a pre-sentence report including background information about the defendant and the crime, make a sentencing recommendation, etc. If the defendant stands mute or pleads not guilty, the case will be scheduled for a pre-trial conference.

Pretrial Conference --- In traffic and non-traffic misdemeanor cases, this is the defendant's second court appearance. It is a scheduled meeting between an Assistant Prosecuting Attorney and the defendant (or his attorney) to determine whether the case will go to trial or be resolved with a plea. These meetings focus on resolving the case short of trial. The Judge and witnesses are not involved in misdemeanor pre-trial conferences. If a plea bargain is going to be offered by the Prosecutor, it is done here.

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Pretrial Proceedings --- Many other events can occur prior to trial. Depending on the nature of the case, there may be pre-trial hearings on Constitutional issues (confessions, searches, identification, etc.). The issues are presented to the Court through written "motions" (e.g., Motion to Suppress Evidence, etc.). The judge must determine whether evidence will be admitted or suppressed at the defendant's trial, whether there is some legal reason why the defendant should not be tried, or decide other ground rules for trial.

Felony

At a felony arraignment in District Court, the defendant does not plead guilty or not guilty. He is advised of his right to a preliminary examination within 14 days of the arraignment. The court reviews requests for court-appointed attorneys at the arraignment.

Pre-Exam Conference --- Some counties use a "Pre-Exam Conference" for all cases scheduled for Preliminary Examinations in the coming week. The Pre-Exam Conference operates like a misdemeanor pre-trial conference, as a meeting between the Prosecutor and defendant (or his attorney) to see if the case can be resolved without the need to subpoena witnesses for the "Prelim". The vast majority of cases have been resolved with defendants waiving the Preliminary Examination or pleading guilty in District Court. Only a small percentage of cases require a Preliminary Examination, thus valuable police resources are focused on serving subpoenas for only those few cases, and witnesses are brought to court on only those few cases targeted at the Pre-Exam Conference as likely to need testimony.

Felony Preliminary Examination --- A contested hearing before a District Court Judge, sometimes called a "probable cause hearing". The Prosecutor presents witnesses to convince the Judge that there is probable cause to believe that a crime was committed and that the defendant committed the crime. Because the burden of proof is much less than at a trial, the Prosecutor generally does not call all potential witnesses to testify at the "prelim"; generally, the victim and some eye witnesses plus some of the police witnesses testify. The defendant (usually) has an attorney, can cross examine the witnesses, and can present his own evidence (including witnesses). If probable cause is proven, the defendant is "bound over" (i.e., sent to) Circuit Court for trial. If probable cause is not proven, the felony charge can be dismissed or reduced to a misdemeanor for trial in District Court. A defendant can decide not to have a Preliminary Examination. Most felonies arrive in Circuit Court after such a "waiver".

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Circuit Court Arraignment --- After the case is sent to Circuit Court, the defendant is again arraigned (given formal notice of the charges against him or her). The charging document is called an Information. He or she is again advised of his/her constitutional rights, and enters a plea to the charge (guilty, not guilty or stand mute).

Pre-Trial Conference --- A Circuit Court meeting between an Assistant Prosecuting Attorney and the defendant's attorney to determine whether the case will go to trial or be resolved with a plea.

Pretrial Proceedings --- As with District Court misdemeanors, the Circuit Court Judge may be asked to resolve pre-trial issues, some of which determine whether the case will continue to a trial, be resolved with a plea, or be dismissed. Trial (Jury or Bench/Judge) A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt. The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the Prosecutor's evidence. Both the defendant and the Prosecutor (representing the People of the State of Michigan) have the right to a trial by a jury. Sometimes, both sides agree to let a Judge listen to the evidence and decide the case without a jury; this is called a "bench trial". In a jury trial, the jury is the "Trier of fact"; in a bench trial, the judge is. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime. Here is a general outline of the steps in a jury trial: 1. Residents of the local County are randomly selected from a Secretary of State list of licensed drivers, and are summoned to the Court as potential jurors; 2. A blind draw selects twelve people from that group in felonies (six in District Court misdemeanors); 3. The Judge, Prosecutor and defense attorney question the jurors about their backgrounds and beliefs (see voir dire); 4. The attorneys are permitted a limited number of "peremptory" challenges to various jurors (or an unlimited number of challenges for good cause); 5. After twelve (or six) acceptable jurors remain, the Judge administers an oath to the jury and reads basic instructions about the trial process, etc.; 6. The Prosecutor gives an opening statement to outline his case and evidence to the jury; 7. The defense may give a similar opening statement, or wait until later in the trial;

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8. the Prosecutor calls his witnesses, which the defense may cross examine; 9. The People close their proofs; 10. The defense may call witnesses, if it wants, and the Prosecutor may cross-examine them; 11. The defense rests; 12. The Prosecutor may present rebuttal witnesses/evidence to challenge evidence presented by the defendant during his proofs; 13. The Prosecutor rests; 14. The Prosecutor presents a closing summary to the jury; 15. The defense attorney presents a closing summary to the jury; 16. The Prosecutor may present a rebuttal argument to the jury to respond to the defendants attorneys closing summary; 17. The judge gives the jury detailed legal instructions about the charged crimes, the deliberation process, etc; 18. The jury deliberates and returns a verdict. Pre-Sentence Investigation and Report The court's probation department prepares a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds. Generally, the victim is contacted for a recommendation of sentence. The probation officer concludes the report with a recommended sentence.

Sentence Sentencing in Michigan varies with the crime and can be the most confusing part of the criminal process. Most often, sentences are at the judge's discretion. At the time of sentencing, the judge will consider the information in the pre-sentence report before determining the sentence. The parties may correct factual errors in the pre-sentence report and offer additional evidence relevant to the judge's sentencing decision. For all felony crimes, the judge will consult the "sentencing guidelines" (established by the Michigan legislature as a reference for framing an appropriate sentence throughout the state, considering factors of the crime and the defendant's criminal background) to determine the minimum jail/prison sentence. The judge may consider different alternatives, such as a fine, probation, community service, a sentence to jail or prison, or a combination. The judge must also order the defendant to make restitution to any victims who have suffered financial harm.

Appeals Appeals from the District Court are heard in the Circuit Court. Appeals from a Circuit Court or Probate Court order are heard in the Michigan Court of Appeals. Appeals from Court of Appeals decisions are heard in the Michigan Supreme Court.
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There are three kinds of appeals: (1) interlocutory, (2) of right, and (3) by leave. Interlocutory appeal: occurs when a party tries to appeal a judge's decision before the case has come to trial or before a trial is finished. Appeal of right: occurs after a final order has been entered by the trial court (either a sentencing order, or an order dismissing the charge). A recent amendment to the Michigan Constitution has eliminated most appeals of right when a defendant pleads guilty. Most appeals of right now focus on the sentence imposed. Appeal by leave of the court: occurs when an appeal of right is not available (e.g., because an available appeal of right was not filed on time). The appellate court has the discretion to reject the appeal or can "grant leave". If the appellate court grants leave to appeal, the defendant and Prosecutor file briefs that summarize the case facts, frame the legal issues to be decided, and present persuasive written arguments (supported by constitutional, statutory or prior case decision authority). Either party can request that the case be scheduled before the appellate court judges for oral argument. The appellate court will eventually issue a written opinion (or several opinions, if the justices disagree). Not all appellate opinions are "published" (i.e., printed in official "reporter" services, such as Michigan Reporter or Michigan Appellate Reporter). The legal analysis and conclusions in published opinions are given greater precedent.

Victims Rights Maintaining victims rights throughout a criminal case is pivotal. Not only are the victims subjected to the stress and time commitment of a criminal case, but they also were emotionally effected in most cases. Constant communication with the victims and their families ensures that the victim is put first and that justice is served. Whether through counseling, family services or any other support system, victims ought to have the luxury of being able to discuss their emotions in a forum that allows them to. There are times in criminal proceedings that certain behaviors are not allowed and by giving victims a forum where they are ensured of their rights as well as given an opportunity to truly voice an opinion if necessary.

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Glossary of Legal Terms

A
ABSTRACT OF CONVICTION A form sent by courts to the Michigan Department of State reporting a person's conviction or adjudication for a traffic violation, or other "reportable offense" (e.g., drug crimes). ACCESSORY A person who knowingly and intentionally contributes to or aids in committing a crime (before or after, but not necessarily during, the commission of the crime). If the crime was a felony, the person could be charged with being an "accessory-after-the-fact". The facts could also support a charge of Conspiracy. ACCOMPLICE A person who participates in the commission of a crime, other than the person actually doing to principal criminal act. This person may be charged with actual crime committed under an "aider or abettor" theory (gave aid or encouragement to the principal defendant(s)). ACQUITTAL When a criminal defendant is found "not guilty" of the crime. An acquittal is not a declaration of the accused's "innocence"; it is a verdict that a Prosecutor failed to prove the accused's guilt beyond a reasonable doubt. ADJOURNMENT Postponing or rescheduling a case or court session until another date or time. ADJUDICATION Generally, a final judicial determination of a case. In juvenile delinquency cases, it is the equivalent of a 'conviction' in adult criminal cases, when the court formally takes jurisdiction of the minor. ADULT A person who is no longer deemed to be a minor. In Michigan, a person becomes an adult for criminal cases when they turn 17 [MCL 712A.2(a)]. In most other proceedings, an adult is someone age 18 or older. ADVERSARY PROCEEDING Actions contested by opposing parties. AFFIANT A person who makes out an affidavit. AFFIDAVIT A written statement of fact that is verified by oath or affirmation before a notary public. AFFIRMATIVE DEFENSE Without denying the charge, the defendant raises extenuating or mitigating circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility. The defendant usually must prove any affirmative defense he/she raises. Court rules may require a defendant to notify the opponent before the trial that an affirmative defense will be raised. AGENT Someone authorized to act for another person (known as the "principal"). Violation of a principal-agent relationship is the core of an embezzlement.

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ALIBI a "lack of presence" defense. Defendant need not prove that he was elsewhere when the crime happened; rather, a Prosecutor must disprove a claimed alibi (i.e., Prosecutor must prove beyond a reasonable doubt that the defendant was present). ALLOCUTION A defendant's opportunity to make a statement to the judge at sentencing. A defendant may make a personal statement, but is not required to do so. His/her attorney may also make a statement. AMICUS BRIEF A brief filed by an amicus ("friend of the court") in support of a party in a lawsuit or pending appeal. The court may have to give the amicus permission to file the brief, and may limit the issues. AMICUS CURIAE "Friend of the Court" (Latin). A party who volunteers information on some aspect of a case or law to assist the court in its deliberation. ANSWER A formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. A.P.A. Abbreviation for Assistant Prosecuting Attorney. APPEAL Request to a supervisory court, usually composed of a panel of judges, to change the legal ruling of a lower court. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the Appellant; the opposing party is the Appellee. Appeal by Application for Leave --- An appeal where permission must be obtained from the higher court before the appeal may be filed. A party must seek permission to appeal when a final order has not been entered, when the appeal is not timely, or in criminal cases when a defendant has pled guilty and is appealing an issue other than his sentence. An Application for Leave to Appeal is filed, which explains the legal issues that the appellant wants reviewed, and the facts and law supporting them. The court has final discretion to accept or reject an application. Appeal by Right --- An appeal to a higher court where permission does not have to first be obtained. The appeal must be filed within a specified time frame after the lower court's final order has been entered. APPEAL RECORD The record sent by the trial court to the appellate court of what happened at the trial court. This includes a copy of the docket, the case file (court documents), and transcripts of court hearings. APPEARANCE A document filed with the court, and provided to other parties, by an attorney advising that the attorney is representing a specific individual. APPELLANT The party appealing a decision or judgment to a higher court. APPELLATE COURT A court that reviews lower court decisions. Circuit Court serves as the appellate court for District Court cases. The Michigan Court of Appeals serves as the appellate court for Circuit Court and Probate Court cases. The Michigan Supreme Court serves as the appellate court for Court of Appeals decisions. 40

ARREST WARRANT An order issued by a judge or magistrate to a peace officer requiring the arrest of a named person. ASSAULT
[MCL 750.81]

A&B penalty: Misdemeanor --- 93 days &/or $500. Aggravated Assault penalty: Misdemeanor --- 1 year &/or $1,000. Domestic Violence penalty: Misdemeanor --- 93 days &/or $500. Aggravated Domestic Violence penalty: Misdemeanor --- 1 year &/or $1,000. An unlawful act that places another person in reasonable apprehension of receiving an immediate battery. The defendant must have intended to injure the victim or make the victim reasonably fear being struck. An assault is intentional, not an accident. Note: The victim need not be actually injured for a "Simple Assault", but injuries can be circumstantial proof of higher levels of assaults. The type or severity of injury may also prove the defendant's "intent" (i.e., Assault With Intent to Do Great Bodily Harm Less Than Murder, Assault with Intent to Maim, Assault With Intent to Murder, etc.). Note: See self defense. ASSISTANT PROSECUTING ATTORNEY Lawyer hired by the elected Prosecuting Attorney to prosecute cases within that county as representatives of the People of the State of Michigan. ATTORNEY A lawyer. A person authorized to practice law in a state to represent the legal interests of another person.

B
BAIL Bond money paid to a court, by or on behalf of a criminal defendant, as security that, when released from jail, the defendant will appear at future hearings. If another person posts the bail money, then that third party vouches that the defendant will appear at future court dates. Bail can be forfeited if the defendant fails to appear or violates release conditions. BAILIFF A court employee who assists the judge in maintaining order in the courthouse, and who is responsible for the custody of a jury. BATTERY An intentional, unwanted and forceful/violent touching of another person, or something closely connected with that person. BENCH TRIAL A trial held before a judge and without a jury. BENCH WARRANT A court order commanding the defendant's (or a missing witness') arrest and appearance in court after the person had previously failed to appear for a hearing. A bench warrant could also be issued against a defendant for violating a court order, such as conditions of release or probation.

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CHILD ABUSE

[MCL 750.136b; MSA 28.331(2)]

Conduct toward an unemancipated child under 18 years of age by the parent, guardian or other person who cares for, has custody of or authority over the child. There are four degrees of child abuse: First Degree (felony --- up to 15 years in prison) occurs when the defendant knowingly or intentionally causes serious physical harm (i.e., substantial physical disfigurement or impairment of a body organ or limb) or serious mental harm to a child. Second Degree (felony --- up to 4 years in prison) occurs when the defendant willfully abandons the child, fails to provide food, clothing or shelter necessary for the child's welfare, or commits a reckless act which results in serious physical/mental harm. Third Degree (high court misdemeanor --- up to 2 years in prison) occurs when the defendant knowingly or intentionally causes some physical harm to the child. Fourth Degree (misdemeanor --- up to 1 year in jail) occurs when the defendant abandons the child, or willfully fails to provide food, clothing or shelter necessary for the child's welfare, or commits a reckless act, which results in some physical harm to the child. NOTE: A defendant may raise a defense that his/her forceful actions were reasonable "parental discipline". CHILD SEXUALLY ABUSIVE MATERIAL
[1998 PA 35; MCL 750.145c]

A developed or undeveloped photograph, film, slide, electronic visual image, computer diskette, or sound recording of a child engaging in a listed sexual act; a book, magazine, or other visual or print medium containing such a photograph, film, slide, electronic visual image, or sound recording; or any reproduction, copy, or print of such a photograph, film, slide, electronic visual image, book, magazine, other visual or print medium, or sound recording. A listed sexual act means sexual intercourse, erotic fondling, sadomasochistic abuse, masturbation, passive sexual involvement, sexual excitement, or erotic nudity. CIRCUIT COURT Michigan's highest level trial court, with the broadest range of powers (including hearing appeals from District Court). Circuit Court has three divisions: Criminal (the trial court for all felony crimes) Civil (civil law suits over $25,000, or seeking injunctions or other equitable relief), and Family (every aspect of family law, including divorce, child custody, parenting time/visitation, paternity, adoption, child & spousal support, domestic violence, PPOs, juvenile delinquency, child protection proceedings [parental neglect or abuse], as well as emancipation of minors, name changes, and waiver of parental consent to abortions). The Friend of the Court office is a division of the Circuit Court. Michigan has 57 Circuits, covering all 83 counties. Circuit Court judges are elected on a non-partisan ballot to six-year terms.

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BIND-OVER A finding at a preliminary examination that sufficient evidence exists to require a trial at the Circuit Court level on the charges made against the defendant. BOND / BAIL BOND A promise or contract to do or perform a specified act, or pay a penalty for failure to perform. This is usually guaranteed by a 'surety', who promises to pay if the 'principal' defaults, or by paying a cash bond. In criminal cases, 'bond' means the same thing as 'bail': a financial obligation signed by the accused or a surety intended to guarantee the defendant's future appearances in court. The amount of the bond is set by a judge or magistrate. The bond can include conditions of release (i.e., no contact with the victim, no alcohol consumption, etc.) Factors influencing the amount of bond set include the seriousness of the charge, the defendant's criminal history, and the defendant's ties to the community. There are four types of bonds: Personal recognizance bonds (a.k.a. "PR" bonds, or "signature bonds") do not require the defendant or a third party to pay money to the court, unless the defendant later fails to appear. Percent bonds require the defendant to post a percentage of the full bond (generally as low as 10%) to get out of jail, and the remaining percentage is due only if the defendant later fails to appear. Cash bonds require the full amount of the bond to be paid in cash before the defendant can be released. If the defendant appears at all future court dates, most of the monies are returned to the person posting the bond. Surety bonds are posted by a professional bondsman after being paid a non-refundable percentage of the full amount by the defendant. BREAKING As in "breaking & entering" ... using some force to enter a building (opening a door, raising a window, taking screen off, etc.); damage need not result. BRIEF A written statement submitted by the lawyer for each side in a case that explains to the judges why they should decide the case or a particular part of a case in favor of that lawyer's client. BURDEN OF PROOF The duty to establish by evidence a requisite degree of belief concerning a fact in the mind of a trier of fact. The duty to establish facts in an adversary proceeding. Different burdens of proof exist in the law: Prima facie ~~~ evidence which is good and sufficient "on its face" to establish a given fact when unrebutted or not contradicted. Probable cause ~~~ facts and circumstance sufficient to convince a person of reasonable caution that an offense has been committed. Preponderance ~~~ the burden of proof in civil cases. Evidence which, as a whole, shows that the fact sought to be proved is more probable than not. Evidence which is more credible and convincing to the mind. It is gener ally visualized as that side of the dispute toward which the scales tip when the credible evidence is weighed by t he trier of fact. Something more than 50% of the credible evidence. Clear and convincing ~~~ the burden of proof in selected proceedings, such as termination of parental rights. A measure of proof which produces a firm belief as to the allegations. It is difficult to quantify, but is more than a "preponderance" and less than "beyond a reasonable doubt". Beyond a reasonable doubt ~~~ the degree of belief a criminal juror (or the judge in a bench trial) must have regarding all factual elements of a charged crime. No doubt, based on reason and common sense, can exist as to any fact needed to be proved. 43

C
CAPITAL OFFENSE A crime punishable by death. (Michigan does not have a death penalty.) CARRYING A CONCEALED WEAPON Crime that prohibits: Carrying a pistol or other firearm or dangerous weapon (e.g., dagger, dirk, razor, stiletto, or knife having a blade over 3 inches in length) with an intent to use the same unlawfully against the person of another [MCL 750.226]; Carrying a dagger, dirk, stiletto, double-edged non-folding stabbing instrument of any length, or any other dangerous weapon (except a hunting knife adapted and carried as such), concealed on or about his/her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person [MCL 750.227]; carrying a pistol in a place or manner inconsistent with a license or permit issued pursuant to 1927 PA 372. Penalty: Felony -- up to 5 years or $2,500 fine. Unless licensed to carry a firearm, a person may not carry a concealed weapon for "self-defense". CASELAW Published decisions issued by appellate courts. The legal principals announced in the decisions are binding authority for lower courts. CASELOAD The number of cases a judge handles in a specific time period. CCW See Carrying a Concealed Weapon. CHALLENGES (Jury Selection) A method for striking a prospective juror. The Michigan Court Rules allow two types of juror challenges: for cause (unlimited number; when the juror is shown to be biased for or against a party, is related to a trial participant, etc.) and peremptory (limited number depending on the severity of the crime on trial). No reason need be announced for a peremptory challenge, although a purely racially-based challenge is not permitted. CHAMBERS Judge's office. CHARGE TO THE JURY A judge's instructions to a jury. They contain information on the laws relating to the case, definitions of legal terms, and explanations of procedures relevant to the jury's duties. CHIEF JUDGE In courts with two or more judges, one judge is selected as the chief judge, who has responsibilities as a court administrator, in addition to his/her court docket.

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CIRCUIT COURT MISDEMEANOR An offense designated by the legislature as a misdemeanor, but punishable by more than one year in jail. It is processed in circuit court like a felony. CIRCUMSTANTIAL EVIDENCE Indirect evidence that implies something occurred but does not directly prove it. For example, circumstantial evidence of embezzlement includes proof that the defendant-employee made several big-ticket purchases in cash around the time of the alleged embezzlement. [See also direct evidence.] CIVIL CASE A case between private litigants concerning personal wrongs, generally where the losing party must compensate the prevailing party with money or other property. Examples of civil cases include divorces, personal injury, landlord-tenant, small claims and contract or property disputes. A civil plaintiff may be also be asking the court to tell the defendant to stop some behavior or to do a specific thing. CIVIL INFRACTION A non-criminal violation of a law prosecuted by the State or a local government unit. A person cannot be sent to jail for a civil infraction. The most common example is a traffic citation, like speeding. The penalty for a civil infraction is payment of fines, costs, and fees. For a traffic civil infraction, points may be added to the driving record. A person can be found responsible for a civil infraction in one of four ways: By failing to respond to the citation on time; a default judgment will be entered; in most cases, the person's driver's license will be suspended until the fines & costs + a surcharge are paid; By admitting responsibility for the violation and paying the amount indicated on the ticket; After an informal hearing; After a formal hearing. COBBS PLEA Based on People v Cobbs, 443 Mich 276 (1993). A "Cobbs plea" allows a defendant to enter a conditional guilty plea which can be withdrawn if a judge's eventual sentence falls outside sentencing terms specified by the judge before the plea was tendered. Normally, defendants plead guilty without any legal expectation of a specific sentence, and judges are not bound by a sentencing agreement between the parties. But in "Cobbs agreements", the judge is asked to advise the parties before the plea is entered what an appropriate sentence range would be (based on case facts and the defendant's criminal history known to the judge at that time). The judge announces a sentencing 'preview', but the prosecutor is not a party to the terms of this possible sentence. If the defendant is induced to plead by this expected sentence, he may withdraw his plea if he does not receive that sentence. See also Killebrew Plea. COMMON LAW A body of legal principles which derives its authority solely from usages and customs of ancient times, or from the judgments and decrees of courts recognizing, affirming, and enforcing such usages and customs; particularly the ancient unwritten law of England. Common law is to be distinguished from "statutory law", which is enacted by a legislative body such as Congress or a state legislature. COMPLAINT The document on which criminal misdemeanors are charged in District Court, as well as the initial charging document for felonies.

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CONCURRENT SENTENCE Upon conviction for multiple crimes, a criminal sentence served at the same time as another criminal sentence, rather than one after the other. [See also consecutive sentence.] CONCURRING OPINION An opinion written by an appellate judge who agrees with the decision reached in the case, but would base the decision on different reasons than those expressed by the majority of judges. See also Dissenting Opinion and Majority Opinion. CONSECUTIVE SENTENCE Upon conviction for multiple crimes, criminal sentences that must be served one after the other, rather than at the same time. Consecutive sentences may only be imposed if there is specific statutory authority to do so. In some circumstances, consecutive sentences may be imposed within the judge's discretion (e.g., when a person is convicted of a new offense committed while on parole status); in other circumstances, consecutive sentences are mandatory (e.g., convictions for felony firearm + another offense). See also concurrent sentence. CONSENT, AGE OF in Michigan, a minor has the legal capacity to consent to sexual activity at age 16. [See Criminal Sexual Conduct.] CONSENT CALENDAR An informal probation in some juvenile delinquency cases, usually for 1st-time misdemeanor offenders. If all probation terms are completed, the case is dismissed; if not, the court can transfer the case to the formal calendar for a pre-trial conference, formal plea, trial, etc. In victim rights cases, the court must notify the prosecutor if consent calendar may be approved so the victim can be consulted and the prosecutor can advise the court if he approves. Consent calendar can be granted over a prosecutor's and/or victim's objection. CONSPIRACY [MCL 750.157a CJI2d 10.1-10.5] An agreement, express or implied, between two or more people to do an illegal act or to commit a legal act in an illegal manner. See Wharton's Rule. CONTRABAND Goods barred by law (e.g., specific weapons, or drugs prohibited by law, etc.). CONVICTION A judge or jury's decision that the accused person is guilty of the crime. CORPUS DELICTI "Body of the crime" (Latin). The objective proof that a crime has been committed. A confession is not admissible if the "corpus" of the crime cannot be proven. CORROBORATING EVIDENCE Supplementary evidence that supports or confirms the initial evidence. A victim's or witness' version of events does not have to be backed up by corroborating evidence. COURT A government entity authorized to resolve legal disputes. Judges sometimes use "court" to refer to themselves in the third person, as in "the court has read the briefs." Courts and judges are part of the Judicial Branch of government.

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COURT-APPOINTED ATTORNEY Legal counsel assigned by the court to represent an indigent criminal defendant. A court-appointed attorney is not necessarily a "free" attorney; the court can order that some or all of the attorney's bill be reimbursed. If jail time will not be imposed on a misdemeanor, the judge need not appoint an attorney. See also Guardian ad Litem. COURT OF APPEALS An "intermediate" appellate court between the Supreme Court and the Michigan trial courts. Final decisions from a Circuit or Probate court hearing may be appealed to the Court of Appeals. Hearings are held in Detroit, Grand Rapids, Lansing and Marquette before a panel of three Court of Appeals judges. At least two of the three judges must agree on the ruling. The panels are frequently rotated so that a variety of judicial opinions are considered. The decision of the panel is final, except for those cases which the Supreme Court reviews. Court of Appeals judges are elected for 6-year terms. COURT OF CLAIMS A specialized court that handles only claims over $1,000 filed against the State of Michigan or one of its departments. (Claims for less than $1,000 should be filed with the State Administrative Board.) The Court of Claims is part of the 30th Circuit Court in Ingham County. All trials heard by the Court of Claims are heard by a judge, not a jury. COURT REPORTER/RECORDER A person who makes a word-for-word record (either through stenography/short-hand or audio/video recording) of what is said in court, and can produce a transcript of the proceedings upon request. Michigan court reporters or recorders must be trained and certified. CRIMINAL CASE A charge filed by a prosecutor against a defendant concerning violation of a criminal law. The act of violating a criminal law is an offense against the community, not a private wrong. Examples of criminal cases include theft, murder and OUIL. CRIMINAL SEXUAL CONDUCT 1st Degree CSC (MCL 750.520b --- Felony --- life or any term of years + AIDS~HIV~STD testing): a sexual act involving penetration (sexual intercourse, anal intercourse, cunnilingus, fellatio, intrusion into any other body part or object in genital or anal openings) and any of the following: victim is under 13 years old victim is 13-15 years old + is a blood affiliation to the defendant, lives in the defendant's household, or the defendant is in an authority position to the victim multiple actors are involved and force/coercion was used to accomplish the sexual penetration or the victim is incapacitated (physically helpless, mentally incapacitated or mentally defective) weapon involved personal injury + force/coercion personal injury + victim incapacitated defendant/actor is in the process of committing another felony 2nd Degree CSC (MCL 750.520c --- Felony --- up to 15 years + AIDS~HIV~STD testing): sexual contact with the genital area, groin, inner thigh, buttock or breast, AND any of the circumstances listed for 1st Degree CSC.

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3rd Degree CSC (MCL 750.520d --- Felony --- up to 15 years + AIDS~HIV~STD testing): sexual penetration and any of the following: victim is 13-15 years old force or coercion victim incapacitated 4th Degree CSC (MCL 750.520e --- High Court Misdemeanor --- up to 2 years in prison and/or $500.00 fine + AIDS~HIV~STD testing): sexual contact and any of the following: force or coercion victim incapacity defendant works for the Department of Corrections and the victim is an inmate Note:All persons convicted of CSC must register as a sex offender. Note:No need for corroboration of victim's testimony or resistance by victim. Note:A person can be charged and convicted of CSC on a spouse.

CROSS EXAMINATION The questioning of a witness by a party other than the one who called that witness to the stand. C.S.C. See Criminal Sexual Conduct

D
DATING RELATIONSHIP Frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context. If a "dating relationship" is present, a person can get a Domestic PPO, and (as of 04/01/2002) an assault can be charged as Domestic Violence. DEFENDANT A person who has been formally charged with committing a crime. DELIBERATIONS Discussions held by the jury, after all evidence has been presented, to decide the outcome of a case. DELINQUENCY A crime committed by a minor under the age of 17. Juvenile delinquency offenses are prosecuted in the Family Division of Circuit Court. DE NOVO "Anew" or "afresh" (Latin). A "trial de novo" is the retrial of a case. A "de novo" standard of review permits an appellate court to substitute its judgment for that of a trial judge, (e.g., interpretations of laws).

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DEPOSITION An oral statement made before an officer authorized by law to administer oaths. Such statements are used in civil cases to examine potential witnesses, to obtain discovery, or to be used later in trial. Depositions are not used in criminal cases. DIRECT EVIDENCE Evidence that stands on its own to prove an alleged fact, such as testimony by a teller that she saw the defendant pointing a gun at her and heard him demand money during a bank robbery. [See also circumstantial evidence.] DIRECT EXAMINATION The questioning of a witness by the party who first called the witness to the stand. DISORDERLY CONDUCT
[MCL 750.167]

AKA "disorderly person" ... a compilation of socially offending conduct, including: Refusing or neglecting to support one's family Common prostitution Window peeping Public intoxication that is endangering people, or causing a public disturbance Indecent or obscene conduct in a public place Vagrancy, public begging, loitering in a place of illegal business, including a house of ill fame or prostitution Jostling or roughly crowding people unnecessarily in a public place Penalty: Misdemeanor --- up to 90 day and/or $100. DISPOSITION A Juvenile Court hearing that is the equivalent of a "sentencing" in adult courts. DISSENTING OPINION An opinion written by an appellate judge explaining why he or shoe disagrees with the decision reached by the majority of judges considering the case. See also Concurring Opinion and Majority Opinion. DISTRICT COURT All criminal cases, for persons 17 years or older, are started in the district court. It is the trial court for all misdemeanors for which punishment does not exceed one year, civil infractions, civil small claims actions (up to $1,750), civil law suits under $25,000, garnishments, evictions, foreclosures and other proceedings. This Court conducts initial arraignments, sets and accepts bond and conducts preliminary examinations in felony cases. District Court procedures are essentially like those used in Circuit Court with the exceptions that a city/township ordinance may be prosecuted by that city's/township's attorney ... and pre-sentence investigations are not always prepared on misdemeanors. There are approximately 100 district courts in Michigan. District court judges are elected for 6-year terms on a non-partisan ballot. DIVERSION A process of removing some minor criminal, traffic, or juvenile cases from the full judicial process on the condition that the accused undergo rehabilitation or make restitution for damages. Diversion does not involve a formal conviction/adjudication, and may not require an admission of guilt. If the accused completes this informal probation successfully, then the entire matter may be closed, and is expunged (erased) from the person's re49

DOCKET / CASE DOCKET A written list of all important acts done in court in the conduct of an individual case, from beginning to end. This term is also commonly, but improperly, applied to the case calendar (a list of cases set for a hearing by a court on a specific day). DOCKET NUMBER Number assigned by the court's clerk to identify each case. DOUBLE JEOPARDY Being tried twice for the same offense. Jeopardy 'attaches' (begins) in a jury trial when the selected jury is sworn, and attaches in a bench trial when the first witness is sworn. DRUNK DRIVING See "OUIL"

E
EMANCIPATION [1968 PA 293; MCL 722.1 et seq] Termination of the rights of the parents to the custody, control, services and earnings of a minor. Rights & Responsibilities of Emancipated Minors: to enter enforceable contracts; to sue or be sued; to earn a living and retain earnings; to authorize medical, dental or medical care; to marry; to act autonomously in all business relationships; to apply for a driver's license and other state licenses; to apply for welfare; to make decisions and give authority in caring for a minor child; to make a will. Emancipation "by operation of law": occurs when the minor (a) turns 18 years old, (b) is validly married, or (c) is on active military duty or is in police custody and the parent's consent is not available. Emancipation "by order of the court": A minor who is 16 or 17 years old can petition the Circuit Court's Family Division to seek emancipation, but must demonstrate that he/she can manage his/her financial and social affairs (including but not limited to proof of employment or other means of support, and housing), and attach affidavits from a physician, psychologist, therapist, nurse, clergy, school administrator, school counselor, teacher, law enforcement officer, duly regulated child care provider, or certified social worker with personal knowledge of the minor's circumstances, and a belief that emancipation is in the minor's best interests. Receipt of General Assistance or ADC-F is not considered qualified "other means of support", and cannot be offered as proof of selfsupport by the minor. The minor must also prove that the parent/guardian either does not object to emancipation, or is not supporting the minor. The court must hold a hearing on the petition and determine (by a preponderance of the evidence) that the minor has met all of the legal requirements for emancipation, understands the rights and responsibilities of emancipation, and has shown that emancipation is in his/her best interest. An emancipation obtained by fraud is voidable. Voiding such an order does not affect an obligation, responsibility, right, or interest that arose during the period of time the order was in effect. The minor or a parent or guardian of the minor may appeal to the Court of Appeals the Family Court's grant or denial of an emancipation petition. Approved SCAO forms for emancipation cases (including the petition) can be downloaded at courts.michigan.gov/scao/courtforms/emancipation/emindex.htm.

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EMBEZZLEMENT [MCL 750.174] The core of this crime is a violation of trust: the agent (e.g., employee) was entrusted with the principal's (e.g., employer) property, acquired the principal's property through that relationship of trust, and dishonestly disposed of/took/hid/converted the property to his own use. On 1/1/1999, Michigan doubled the levels of Embezzlement to: under $200 --- Misdemeanor --- up to 93 days and/or $500, or 3 times amount embezzled, whichever is greater at least $200 but less than $1,000 (or repeat offender of above) --- Misdemeanor --- up to 1 year and/or $2,000, or 3 times amount embezzled, whichever is greater at least $1,000 but less than $20,000 (or repeat offender of above) --- Felony --- up to 5 years and/or $10,000, or 3 times amount embezzled, whichever is greater $20,000 or more (or repeat offender of above) --- Felony --- up to 10 years and/or $15,000, or 3 times amount embezzled, whichever is greater EN BANC "In the bench" or "full bench." Refers to appellate court sessions with the entire membership of a court participating rather than the usual quorum. The Michigan Court of Appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc (pronounced "on bonk"). ENTRAPMENT Entrapment occurs when police engage in impermissible conduct that would induce an otherwise law-abiding person to commit a crime in similar circumstances, or when police engage in conduct so reprehensible that it cannot be tolerated by the court. Entrapment does not occur if the defendant has the propensity to commit the crime, and the police conduct only gives the defendant the opportunity to commit the crime. ETHNIC INTIMIDATION (MCL 750.147b) Malicious and intentional intimidation or harassment of another person because of that person's race, color, religion, gender, or national origin. This conduct must also (a) cause physical contact with another person, (b) damage, destroy, or deface real or personal property, or (c) threaten to do an act described in (a) or (b) if there is reasonable cause to believe that such an act will occur. Penalty: Felony --- up to 2 years &/or fines up to $5,000. ... Regardless of the existence or outcome of any criminal prosecution, a person who suffers injury to his/her person or damage to his/her property as a result of ethnic intimidation may sue the person who committed the offense to secure an injunction, actual damages, including damages for emotional distress, or other appropriate relief. A plaintiff may recover treble damages or $2,000.00, whichever is greater. EVIDENCE Information presented in testimony or documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. [See also direct evidence and circumstantial evidence.] EXCLUSIONARY RULE A court-made rule preventing illegally-obtained evidence from being used by the government in its case-inchief against a criminal defendant. The rule is derived from the 4th and 5th Amendments to the US Constitution. EX-PARTE Latin that means "by or for one party." Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.

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EX-PARTE ORDER An order entered without giving the party affected by the order an opportunity to be heard in court before the order is issued. An emergency order used when one party could be irreparably harmed by waiting for a hearing date. The orders are generally short-term, and hearings are scheduled soon after the order is entered to give the other party a chance to be heard. EXPUNGMENT
[ADULTS: MCL 780.621, et. seq.; JUVENILES: MCL 712A.18e]

A process where a conviction may be set aside. EXTRADICT / EXTRADITION [1937 PA 144; MCL 780.1 et seq] The formal process of delivering a person found in one state to authorities in another state where that person has been accused or convicted of a crime. See the Uniform Criminal Extradition Act.

F
FAMILY COURT Beginning January 1, 1998, Michigan Circuit Courts operate a "Family Court" division (in addition to Civil and Criminal divisions). The Family Division will handle divorce, child custody, parenting time, paternity, adoption, child & spousal support, domestic violence (PPOs), juvenile delinquency, neglect and abuse, as well as emancipation of minors, parental consent waivers (abortion), and name changes. The family court will also have ancillary jurisdiction over cases involving guardians and conservators, and mentally ill or developmentally disabled persons (typically when the affected person's family is already subject to the jurisdiction of the family division). There will be one judge for one family. To the extent possible, all new cases involving a family will be automatically assigned to the judge hearing a previous case involving that family. Judges from both Probate and Circuit courts will staff the Family Division. If two or more pending matters within the Family Court's jurisdiction involve the same family, they will be assigned to the same judge whenever practical. Within certain broad guidelines, each circuit will decide how its Family Court will operate. There is no mandated number or percentage of the total Circuit and Probate bench that must be assigned to the Family Division; the number of judges assigned "shall reasonably reflect the caseload of that Family Division." FELONY a crime carrying more than one year possible incarceration. FELONY FIREARM
[MCL 750.227b]

A crime committed when carrying or having in his possession a firearm at the time a felony is committed or attempted to be committed. Penalty: Felony --- mandatory 2 years (or 5 years for second offense) imprisonment consecutive to served before the term of imprisonment imposed for the felony or attempted felony conviction FORFEITURE Real or personal property to which a person loses his right of possession due to the commission of a crime or by way of an assessed penalty. A forfeiture may be either administrative or judicial. FORMAL HEARING A hearing in which a civil infraction is contested before a District Judge (similar to a bench trial). The defendant may be represented by an attorney. The People are represented by the Prosecuting Attorney or an attorney for the local municipality. [See also Informal Hearing.]

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404(b) Michigan Rule of Evidence 404(b): RULE 404. CHARACTER EVIDENCE NOT ADMISSIBLE TO PROVE CONDUCT; EXCEPTIONS; OTHER CRIMES (a) Character Evidence Generally. ... (b) Other Crimes, Wrongs, or Acts. (1) Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, scheme, plan, or system in doing an act, knowledge, identity, or absence of mistake or accident when the same is material, whether such other crimes, wrongs, or acts are contemporaneous with, or prior or subsequent to the conduct at issue in the case. (2) The prosecution in a criminal case shall provide reasonable notice in advance of trial ... of the general nature of any such evidence it intends to introduce at trial and the rationale, whether or not mentioned in subparagraph (b)(1), for admitting the evidence. If necessary for a determination of the admissibility of the evidence under this rule, the defendant shall be required to state the theory or theories of defense, limited only by the defendant's privilege against self-incrimination. Permits some "prior bad acts" evidence to be admitted at trial.

G
GINTHER HEARING Based on People v Ginther, 390 Mich 436 (1973), an evidentiary hearing on a defendant's motion for new trial claiming ineffective assistance of counsel. GOOD TIME Reduction in time served in county jails as reward for good behavior. "Truth in Sentencing" laws have eliminated good-time reduction of prison sentences for felonies. GRAND JURY A group of citizens convened in a criminal case to consider the prosecutor's evidence and determine whether probable cause exists to prosecute a suspect for a felony. Grand juries are rarely used in Michigan state courts, but are used by Federal courts. GUARDIAN AD LITEM A person appointed by the court to protect the legal interests of an infant or an incompetent adult, or a missing person who is involved in a court case. The court will appoint a guardian ad litem in cases of juvenile abuse or neglect. The "GAL" may be an attorney.

H
HABEAS CORPUS A writ (order) to bring a person before a court. In its most common usage, the writ directs a warden or jailer to bring a prisoner or person detained so that the court may determine whether such person is lawfully confined. HEARSAY A statement made outside of court (i.e., not from the witness stand at the present proceeding) that is offered into evidence not merely to prove that the statement was made but to prove that it was true. Dozens of longestablished exceptions exist to the general rule that hearsay statements are inadmissible in court; the exceptions are based on circumstances where the out-of-court statements carry a likelihood of trustworthiness (e.g., deathbed statements, self-incriminating statements, statements made to doctors about medical conditions, etc.). 53

HIGH COURT MISDEMEANOR See Circuit Court Misdemeanor. HUNG JURY A criminal jury that cannot reach a unanimous verdict. H.Y.T.A. (Holmes Youthful Trainee Act)
[MCL 762.11, 762.12, 762.13, 762.14]

Discretionary sentence where person who pleads guilty to a crime committed between his/her 17th & 21st birthdays may, with the youth's consent and without entering an adjudication of guilt, be assigned the status of a youthful trainee. The person may be placed on probation, or committed to jail or prison. Upon successful completion of all terms set by the judge, the court will dismiss the charge. If the person fails to successfully complete the terms of probation, the judge may terminate YTA status, enter an adjudication of guilt and sentence the defendant. YTA is not permitted for life, major controlled substance or traffic offenses. YTA status is not a conviction for a crime. Unless the court enters a judgment of conviction against the individual for the criminal offense, all proceedings regarding the disposition of the criminal charge and the individual's assignment as youthful trainee are closed to public inspection, but are be open to the courts, the department of corrections, the department of social services, and law enforcement personnel for use only in the performance of their duties.

I
IN CAMERA In chambers; in private. A hearing or inspection of documents that takes place outside the presence of the jury and public, usually in a judge's office. IMMUNITY A court-approved agreement by a prosecutor to not prosecute a person, in return for providing criminal evidence against another person or party. IMPAIRED DRIVING
[MCL 257.625]

A lesser-included offense to OUIL. A person driving a vehicle while visibly affected by alcohol. A driver is considered "impaired" with a blood-alcohol level of 0.08-0.09%. Penalty: Misdemeanor --- jail up to 90 days (1st offense) or 1 year (2nd offense), fines up to $300 (1st offense) or $1,000 (2nd offense), community service, 4 points assessed on the driver's record, and a mandatory license suspension of at least 3 months (1st offense). IMPEACHMENT The process of calling something into question, as in "impeaching the testimony of a witness." Impeachment generally challenges a witness' credibility with evidence of bias, prior inconsistent statements, etc. INDICTMENT A formal accusation of a felony, issued by a grand jury after considering evidence presented by a prosecutor.

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INFORMAL HEARING A hearing in which a civil infraction is contested before a District Court magistrate. Generally, the police officer and person ticketed testify under oath, each explaining what happened. Attorneys are not allowed at informal hearings, but witnesses may attend and testify, and the defendant may ask questions of the police officer and witnesses. An adverse decision can be appealed by demanding a formal hearing and posting an appeal bond worth at least the amount of fines & costs for the charge. INFORMATION The document on which criminal felony charges are filed in Circuit Court after a Preliminary Examination bindover or waiver. INJUNCTION An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. INTERLOCUTORY Provisional, temporary, non-final orders and decrees of a court.

J
JOYRIDING (Unlawful Use of an Automobile)
[MCL 750.414]

Taking or using an automobile without authority, without the intent to steal (or being a party to such unauthorized taking or using). Unlike UDAA, Joyriding does not require proof of an intent to steal. Penalty: High Court Misdemeanor --- up to 2 years or $1,000. JUDGE Government official with authority to decide lawsuits brought before courts. JURISDICTION The power of the court to decide a case before it, which depends on the type of case and how closely connected the parties are to the county where the court is located. [See also venue.] JURY Persons selected according to law and sworn to inquire into and declare a verdict on matters of fact. JUVENILE A youth under the age of 17. JUVENILE COURT Until January 1, 1998, Juvenile Court was a division of the Probate Court, and was responsible for all juvenile delinquency offenses. After January 1, 1998, these cases are prosecuted in the Family Division of Circuit Court

K
KIDNAPPING
[MCL 750.349]

Penalty: Felony --- up to Life or any term of years. The unlawfully taking and carrying away or confinement of a person by force and against his/her will.

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KIDNAPPING (Parental) Occurs when a natural or adoptive parent takes or retains a child for more than 24 hours with intent to detain or conceal the child from the parent who has legal custody or visitation rights at the time, the person who adopted the child, or the person who had lawful charge of the child. NOTE: The defendant may raise an affirmative defense that he/she took the child to protect the child from an immediate and actual threat of physical or mental harm, abuse or neglect. Penalty: Felony --- up to 366 days incarceration and/or $2,000 fine KILLEBREW PLEA Based on People v Killebrew, 416 Mich 189 (1992). A "Killebrew plea" allows a defendant to enter a conditional guilty which can be withdrawn if the judge's eventual sentence falls outside sentencing terms negotiated by the prosecutor and defense. Normally, defendants plead guilty without any legal expectation of a specific sentence, and judges are not bound by a sentencing agreement between the parties. But in "Killebrew agreements", the judge is advised before the plea of the sentencing terms approved by both sides and has allowed the defendant to enter this rare, conditional plea. The judge is not a party to the plea agreement and may later impose any lawful sentence. But, because the defendant was induced to plead guilty by an expected sentence, he may withdraw his plea if he does not receive that sentence. See also Cobbs Plea.

L
LARCENY Stealing. The unlawful taking and carrying away of property of another with the intent to keep it from the owner. This is a specific intent crime, and cannot occur accidentally. The crime is completed when the defendant actually or constructively possesses or controls the property, moves or hides it, and specifically intends to permanently deprive the owner of it. LAWYER An attorney. A person authorized to practice law in a state to represent the legal interests of another person. LEADING QUESTION A question that instructs a witness how to answer, or suggests which answer is desired. These questions are usually prohibited on direct examination. L.E.I.N. The Law Enforcement Information Network. A computer network accessed by police. L.E.I.N. (pronounced "lean") maintains a database that includes active arrest warrants, active PPOs, felony and high misdemeanor convictions, etc.

M
MAGISTRATE Used generally, this title means a judge. In Michigan, it is a quasi-judicial officer in a district court who has the authority to set bail, accept bonds, conduct informal hearings on civil infractions, accept guilty please and impose sentences for traffic violations, and perform marriage ceremonies.

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MAJORITY OPINION A written decision of the majority of appellate judges considering the case announcing the court's ruling, and the legal basis for the decision. See also Concurring Opinion and Dissenting Opinion. MALICE Intent to commit a wrongful act without just cause or excuse. Evil intent, motive or purpose. MANSLAUGHTER Can be a lesser-included offense to murder if the defendant acted out of passion or anger brought about by adequate cause and before the defendant had a reasonable time to calm down. Voluntary Manslaughter: (felony --- 15 years and/or $7,500 fine) --- defendant caused a death + intended to kill or knowingly created a very high risk of death or great bodily harm knowing that death or such harm would be the likely result. Involuntary Manslaughter: (felony --- 15 years and/or $7,500 fine) --- defendant caused a death + acted in a grossly negligent manner or intended to injure or commit an assault/battery. "Intent to kill" is not an element. MARIHUANA / MARIJUANA a Schedule 4 controlled substance. Possession of Marijuana (Misdemeanor: 1 year and/or $2,000 fine, license sanctions) Use of Marijuana (Misdemeanor: 90 days and/or $100 fine, license sanctions) MENS REA The state of mind of the defendant that the prosecution must prove in order to establish criminal responsibility. Criminal intent. Some crimes require proof of a "specific intent" (i.e., in larcenies, the prosecutor must prove the defendant's specific intent to steal). Other "general intent" crimes require no proof of intent. MICHIGAN COMPILED LAWS (MCL) Volumes of books containing the official version of Michigan statutes enacted by the state Legislature. MCLs are published by the Legislative Service Bureau. MICHIGAN COMPILED LAWS ANNOTATED (MCLA) Volumes of books containing the text of Michigan statutes, plus brief references to caselaw and legal commentary discussing the statutes. MCLs are published by the West Publishing Company. MICHIGAN COURT RULES (MCR) Rules adopted by the Michigan Supreme Court to govern procedures in all courts. MICHIGAN RULES OF EVIDENCE (MRE) Rules adopted by the Michigan Supreme Court to govern admissibility of evidence in all courts. MINOR A youth under a law's age of majority. Procedurally, a youth is considered a minor regarding criminal offenses until his 17th birthday, and are handled in Juvenile Court; offenses committed after his 17th birthday are handled in District Court and Circuit Court. Some crimes have substantive age limits: alcohol offenses have an age of majority of 21, tobacco offenses have an age of majority of 18, etc.

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MIRANDA WARNING A warning given by police before custodial interrogation. It advises the person that he does not have to talk to police, and his silence will not be held against him, and his right to legal counsel before talking to police. Refers to a US Supreme Court decision: Miranda v Arizona, 384 US 436 (1966). MISDEMEANOR A crime carrying maximum jail time of one year or less. Exception: a "high court" misdemeanor (e.g., Resisting/Obstructing a Police Officer) can carry up to 2 years in prison, but is not labeled a "felony". High-court misdemeanors are handled procedurally like a felony. MISTRIAL A trial declared by a judge to be defective and void, generally due to prejudicial error in the proceedings or a "hung jury" (a jury that could not agree upon a verdict). MOTIVE
[CJI2d 4.9]

Whether the defendant had a reason to commit the alleged crime ... but a reason to commit the crime, by itself, is not enough to find a person guilty of a crime. Motive is not an element of a crime that a prosecutor must prove. MURDER In Michigan, all murder is either in the first or second degree. First degree murder: (felony --- mandatory life; no parole) --- "felony murder" (murder committed in the course of another felony), murdering a peace officer in the line of duty, or "premeditated murder". Murder cannot occur accidentally, the defendant must have intended to kill. Premeditation means that the defendant had time to consider the pros and cons of the killing beforehand. Second degree murder: (felony --- life or any term of years) --- causing death + intending to kill or do great bodily harm or knowingly creating a very high risk of death or great bodily harm knowing that death or such harm would be the likely result of his/her actions. Open Murder: --- Michigan law does not require a prosecutor to choose between First Degree or Second Degree Murder when issuing a complaint, or even at trial. A prosecutor may charge "Open Murder", which is a combination of First and Second Degree Murder, and the jury may determine the appropriate degree based on the proofs.

N
NEGLIGENCE Slight negligence: doing something that isn't dangerous, that only an extremely careful person would have thought could cause injury. Ordinary negligence: carelessness ... not taking reasonable care under circumstances as they were at the time ... something that a sensible person would know could hurt someone. Gross negligence: more than carelessness ... failure to use even the slightest amount of care in a way that shows recklessness or willful disregard for the safety of others due to an act or failure to act ... defendant must have known of the danger to another (i.e., knew of a situation requiring ordinary care to avoid injuring another) and could have avoided injury by using ordinary care and failed to use ordinary care to prevent injuring another when a reasonable person would have seen that serious injury would likely result.

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NO CONTEST PLEA Also known as a nolo contendere plea ... A plea in which the facts supporting the crime's elements come from a source other than the defendant's own words in court (generally, from police investigation reports, witnesses statements, photographs, etc.). A "nolo" plea is used when the defendant cannot recall his criminal actions (sometimes due to intoxication), or his verbal plea from a traditional guilty plea would be used in a potential civil law suit. Regardless, the defendant is treated by a sentencing judge the same as if he was convicted via a guilty plea or trial verdict. NOLLE PROSEQUI A form filed by a prosecutor to dismiss the prosecution of a particular defendant. A "nol pros" usually means the end of the matter, but can be filed "without prejudice" so that the prosecutor may reopen the case against the defendant at a later date. This device may not be used to deny the defendant's constitutional right to a speedy trial. NOLO CONTENDERE Latin term meaning "I will not contest it.". See No Contest Plea.

O
OBJECTION Taking exception to a statement or procedure in trial. Used to call the court's attention to improper evidence or procedure. Objection Overruled - a judge's rejection of an objection as invalid. Objection Sustained - support or agree with an objection. Used by the judge to indicate agreement with a motion or request. 180 Day Rule New A rule that allows people who are in county jails awaiting trial on felony charges for 180 days to be released on their own recognizance if the delay has not been caused by the accused or the accused's attorney. A rule that requires all pending charges against a state prison inmate be brought to trial in 180 days, or be dismissed with prejudice. ORDER A decision of a court made in writing. ORDINANCE A local law or regulation enacted by the governing body of a municipality or county. It has no effect outside that village, city, township or county. OUIL (Operating Under the Influence of Intoxicating Liquor)
[MCL 257.625]

Commonly called "drunk driving". A person driving a vehicle while significantly or substantially affected by alcohol. Penalty: Misdemeanor (1st & 2nd offenses --- up to 90 days jail (1st offense) or 1 year (2nd offense); fines; community service; 6 points assessed on driving record; mandatory license suspension of at least 6 months (1st offense) or 1 year revocation (2nd offense). Penalty: Felony (3rd conviction for OUIL or UBAL in last 10 years) --- 1-5 years prison; fines; license revocation. See also sustain.

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OVERRULE A judge's decision to not allow an objection to prevail. Also, a decision by a higher court that a lower court's decision was in error.

P
P.A.A.M. The Prosecuting Attorneys Association of Michigan. PAAM is a voluntary association of Michigan's 83 elected prosecutors and their staffs, comprising over 700 prosecutors throughout Michigan. PAAM's mission is to provide services to the state's prosecuting attorneys in order to make local law enforcement of state laws more uniform and efficient statewide. PAAM works with the legislature to enact, revise and improve criminal laws and criminal procedure --- including such issues as truth-in-sentencing, juvenile justice, domestic violence, child protection, and victim's rights. PARENTING TIME Formerly called "visitation". The time a child spends with a non-custodial parent. PAROLE The conditional release from prison of a convict before the expiration of a felony sentence. The parolee (the released person) need not serve the remainder of his sentence, unless he violates terms of his release. The parolee is under the supervision of a state parole officer during the parole period. PATERNITY Establishing legal "fatherhood". PERJURY Knowingly making a material false statement while under oath to tell the truth. PERSONAL PROTECTION ORDER (P.P.O.) An injunctive order to prevent reoccurrences of acts or threats of assault and harassment. PETITION In juvenile delinquency or child protective proceedings before the Family Division of Circuit Court, a petition is the document in which the charged offenses or allegations are set forth. The petition includes the JC01 and JC02 forms, plus additional text pages of allegations (if needed). PETITIONER The person signing or filing a petition. PLAINTIFF The person who originally filed a court action. PLEA The defendant's response to a criminal charge (guilty, not guilty or nolo contendere). PLEA AGREEMENT / BARGAIN An agreement between the Prosecutor and the defendant for the defendant to plead guilty or no-contest under certain terms and conditions. The agreement could include the defendant pleading to all pending charges with a sentence agreement, or pleading to less than all of his pending charges, or pleading to a less serious charge, or pleading guilty to one or more pending charges in exchange for dismissal of other unrelated charges. All plea agreements must be approved by the judge. Plea agreements are a means of arriving at a reasonable disposition without the necessity of a trial. 60

POLLING THE JURY Asking jurors individually, after their verdict has been announced, whether they agree with verdict. P.P.O. See Personal Protection Order. PRECEDENT A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. PREJUDICIAL ERROR Reversible error. Error committed during a trial serious enough to require an appellate court to reverse the judgment. PRELIMINARY EXAMINATION A District Court evidentiary hearing for felonies where the Prosecutor must present evidence amounting to at least probable cause that the charged felony crime(s) in fact occurred and that the defendant committed it (them). Generally, the Prosecutor presents just a fraction of his total evidence and witnesses. The defendant (or his attorney) can cross-examine the People's witnesses, and present his own proofs to refute the People's evidence. If the Prosecutor meets his burden of proof, the case is "bound over" to Circuit Court for arraignment on an information, and possible trial. PRELIMINARY HEARING The first stage in a juvenile delinquency or child protective proceeding when the child is in custody. An informal proceeding in the Family Division of Circuit Court in which the juvenile &/or parents and attorney are informed about the allegations in the petition. Testimony by the petitioner may be required to determine if the juvenile should not be placed with his parents pending further action on the petition. PRELIMINARY INQUIRY The first stage in a juvenile delinquency or child protective proceeding when the child is not in custody. An informal proceeding in the Family Division of Circuit Court in which the juvenile &/or parents and attorney are informed about the allegations in the petition. PRE-TRIAL CONFERENCE A scheduled meeting between the Prosecutor and defendant (or defendant's attorney), generally weeks before the trial date, to discuss plea bargains, trial issues, etc. The judge does not actively participate in misdemeanor pretrial conferences in district court, unless the meeting results in a plea. A circuit court judge may participate in a felony pretrial conference. PRIMA FACIE Evidence that are sufficient to prove a fact, or facts sufficient to establish a party's right to legal relief, if no evidence to the contrary if offered. PRIOR BAD ACT See MRE 404(b). PROBABLE CAUSE Facts and circumstance sufficient to convince a person of reasonable caution that an offense has been committed; mere suspicion or belief, unsupported by facts or circumstances, is insufficient. A search warrant may be authorized, or a warrant-less arrest may be made, upon probable cause.

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PROBATE COURT Has primary jurisdiction for cases involving wills, guardians and conservators, and mentally ill or developmentally disabled persons. After January 1, 1998, Probate Court judges may also be assigned to handle other cases assigned to the Family Division of Circuit Court, such as juvenile delinquency offenses, parental abuse/neglect actions, termination of parental rights, adoptions and name changes. There are 79 probate courts in Michigan; probate judges are elected for 6-year terms. PROBATION A discretionary sentencing option for most misdemeanor and felony convictions where the defendant avoids some/all incarceration, and is released back into the community under the supervision of a probation officer for a specific time period, with many rules to follow. Some rules are standard (i.e., to not violate any more laws), while others are specific to the defendant or crime (i.e., alcohol counseling when convicted of OUIL). If the defendant violates any term of probation, the assigned probation officer (or the Prosecutor) can ask the sentencing judge to impose additional penalties. PROBATION ORDER An official written directive from the court ordering that a defendant in a criminal case is sentenced to a term of probation. This document is signed by both the judge and the defendant, and includes all legal conditions (both standard condition and special conditions) with which the defendant must comply during probation, fines, costs, restitution, etc. PRO BONO Legal services provided to a client free of charge. PRO PER / PRO SE A person who represents himself/herself in court without an attorney. The term comes from the Latin phrase in propria persona. PROSECUTING ATTORNEY The term Michigan uses for a Prosecutor. PROSECUTOR An elected or appointed official vested with authority by a constitution, statute or ordinance to represent the public interest and take legal action against persons violating state or local criminal laws. Michigan's prosecutors are known as "Prosecuting Attorneys". In other states they are called District Attorneys, State's Attorneys, County Attorneys, Commonwealth's Attorneys, or other titles.

Q
QUASH To nullify, void or declare invalid.

R
R&C See Receiving & Concealing Stolen Property. RAPE See Criminal Sexual Conduct.

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REASONABLE DOUBT A fair, honest doubt based on the evidence produced at trial (or missing from the proofs). A reasonable doubt must be based on reason and common sense, not on conjecture, speculation, possibilities or imaginary scenarios. RECEIVING & CONCEALING STOLEN PROPERTY
[MCL 750.535]

Buying, receiving, possessing, concealing or aiding in the concealment of stolen, embezzled or converted money, goods or property, knowing that it was stolen, embezzled or converted. Michigan defines 3 levels of R&C: $20,000 or more: Felony -- up to 10 years and/or $15,000 fine (or 3x property's value) $1,000 or more but less than $20,000: Felony -- up to 5 years and/or $10,000 fine (or 3x property's value) $200 or more but less than $1,000: Misdemeanor -- up to 1 year and/or $2,000 fine (or 3x property's value) Under $200: Misdemeanor -- up to 93 days and/or $500 fine (or 3x property's value) A prosecutor may charge one higher level of R&C if the defendant has been previously convicted of (Attempted) R&C. The values of property purchased, received, possessed, or concealed in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value. A dealer in or collector of merchandise or personal property (or that person's agent, employee, or representative) who fails to reasonably inquire whether the person selling or delivering the stolen, embezzled, or converted property to the dealer or collector has a legal right to do so, or who buys or receives stolen, embezzled, or converted property that has a registration, serial, or other identifying number altered or obliterated on an external surface of the property, is presumed to have bought or received the property knowing the property is stolen, embezzled, or converted. This presumption is rebuttable. RELEVANCE Evidence having any tendency to make the existance of a fact that is of consequence to the determination of the action more or less probable than it would be without the evidence. MRE 401. REMAND When an appellate court sends a case back to a lower court for further proceedings. REPORTABLE JUVENILE OFFENSE Juvenile delinquency offenses that requires fingerprinting --- murder or attempted murder, serious assaults (assault with intent to murder, to commit great bodily harm, to main, or to rob), arson of a dwelling, B&E, home invasion 1st degree, larceny in a building, car theft, car jacking, kidnapping, CSC 1st-3rd degree, robbery, possession or delivery of 650 grams or more of a schedule 1 or 2 narcotic. RESISTING / OBSTRUCTING A POLICE OFFICER Knowingly and intentionally obstructing, resisting, opposing, assaulting, beating or wounding a law enforcement officer who is engaged in his lawful acts or attempting to maintain the peace. The defendant's acts must have actually interfered with the officer in carrying out those duties. Penalty: "High court" misdemeanor punishable by up to 2 years incarceration or a $1,000 fine. RESPONDENT The juvenile court equivalent of a defendant in a criminal case. The juvenile charged in a delinquency case, or the at-fault parents in a child protection proceeding, are respondents.

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RESTITUTION Payments ordered by the judge to repay victims for economic losses incurred as the result of the crime (property loss or injuries). Does not include compensation for pain and suffering, emotional distress or other noneconomic damages that can result in compensation through a civil law suit. RETAIL FRAUD
[MCL 750.356c & .356d]

Stealing merchandise (items offered for sale to the public) from a store while the store is open for business. Retail Fraud also occurs when a defendant "price switches" or tries to get a fraudulent refund. Retail fraud is a theft crime requiring proof that the item was taken intentionally (not accidentally), with the intent to steal. There are currently two "degrees" of Retail Fraud: First Degree (when more than $100 in goods is stolen, or for repeat offenders) and Second Degree (when less than $100 in goods is stolen). On 1/1/1999, Michigan added another category to include three degrees of retail fraud: 3rd Degree (under $200 stolen): --- Misdemeanor --- up to 93 days and/or $500 fine (or 3x merchandise's value) 2nd Degree ($200 - under $1,000 stolen; or 3rd Degree with prior conviction): --- Misdemeanor --- up to 1 year and/or $2,000 fine (or 3x merchandise's value) 1st Degree ($1,000 or more stolen; or 2nd Degree with prior conviction): --- Felony --- up to 5 years and/or $10,000 fine (or 3x merchandise's value)

S
SEARCH WARRANT A court order that a specific location may be searched for items which, if found, can be seized by the government for possible use in court as evidence. SELF DEFENSE A legally-justified use of force to protect one's self, another person, or property against some injury attempted by another person ... the right to repel force with force ... the defendant (i) must have honestly and reasonably believed that he had to use force for protection, (ii) may use only the type and degree of force that seems necessary for protection at the time based on the circumstances known to him, (iii) must not have acted wrongfully and brought on the assault (i.e., provoked the attack) ... In Michigan, a Prosecutor has the burden of disproving a defendant's self-defense claim beyond a reasonable doubt. SENTENCE The punishment ordered by a court for a defendant convicted of a crime. SENTENCING GUIDELINES Criteria adopted by the Legislature that determine an appropriate range a judge may impose for the minimum sentence on felonies and high court misdemeanors (i.e., the "60" in a "60 to 120 month" sentence). "Prior Record Variables" (PRVs) and "Offense Variables" (OVs) are calculated and applied to a Sentencing Range Grid. A judge may "depart" from the sentening guideline range (on either the high- or low-side) only where there are "substantial and compelling" reasons to do so. The Sentencing Guidelines can be seen at www.sado.org/guidelines.htm

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SEQUESTER/SEQUESTRATION A procedure to shelter a trial participant from outside influences. The term most frequently applies to witnesses, and prevents them from watching court proceedings and testimony (or talking outside the courtroom to other witnesses) before they actually testify. In very rare cases, a jury can be sequestered during part or all of a trial. SEX OFFENDER
[MCL 28.721 - 28.732]

Person convicted as an adult or adjudicated as a juvenile of CSC, Indecent Exposure, Gross Indecency, or other similar enumerated crimes. The person must register with the Michigan State Police (and verify their home address quarterly) for a minimum of 25 years. Michigan's searchable database of adult sex offender registrants is maintained by the Michigan State Police. Links to other states' on-line sex offender registries (inspired by New Jersey's original "Megan's Law") may be found on our Victim Resources page.

NOTE:
On 06/03/2002, a federal judge ruled that Michigan's Sex Offender Registry was unconstitutional. The State of Michigan appealed the order, but deactivated public access to the SOR's Internet database. On 08/21/2002, public access was reinstated when the Federal 6th Circuit Court of Appeals overturned the lower court's order while it considered the appeal. The 6th Circuit said that the public's harm that could be caused by keeping the site closed outweighed any harm that might be caused to the defendant. On 11/13/2002, the US Supreme Court heard oral arguments on two appeals (Connecticut Dept of Public Safety v John Doe, #011231; and Smith v Doe, #01-729, from Alaska) raising similar issues. The US Attorney agreed that the Supreme Court should review Due Process concerns about Megan's Laws.

SHOPLIFTING See Retail Fraud. SHOW CAUSE HEARING A court hearing held so a person can explain why (s)he should not be considered in violation of a specific court order. SIDEBAR A conference between the judge and lawyers held out of earshot of the jury and spectators. SMALL CLAIMS COURT A division of the District Court in which civil lawsuits seeking a maximum $1,750 damages is heard. Like television's The People's Court, the parties represent themselves without attorneys. Jury trials are not allowed. The judge's or magistrate's decision cannot be appealed. If either party objects to these conditions, the case will be transferred to the Civil Division of the District Court.

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SPECIFIC INTENT Acting with intent to cause a particular result A special mental element that must be proven for some crimes. For example, larceny requires proof that the defendant specifically intended to steal the victim's property (i.e., to permanently deprive the owner of the property); if the defendant unknowingly possessed the victim's property or was truly borrowing it temporarily, no theft/ larceny occurred. Specific intent may be proved by what the defendant says, does, how he does it, etc. SPECIFIED JUVENILE VIOLATION Crime for which a youth, convicted in a designated case, could be sentenced to prison --- murder or attempted murder; serious assaults (assault with intent to murder, commit great bodily harm, main, or rob); arson of a dwelling; home invasion 1st degree; car jacking; kidnapping; CSC 1st degree; armed robbery; bank or safe robbery; escape from a medium- or high-security juvenile facility; manufacture, sale, delivery or possession of 650 grams of a schedule 1 or 2 narcotic; or attempt, solicitation or conspiracy to commit these crimes. STALKING
[MCL 750.411h & i]

Stalking is (a) two or more willful acts of (b) continuing harassment or un-consented contact (c) that would cause a reasonable individual to suffer emotional distress, (d) that actually cause the victim to suffer emotional distress, (e) that would also cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, and (f) that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested. Note: ALL of these elements must be present for "stalking" to be proven. Penalty: Misdemeanor --- 1 year and/or $1,000 fine, up to 5 years probation Aggravated Stalking is (i) violation of a restraining order of which the suspect has actual notice; or (ii) in violation of a condition of bond, probation or parole; or (iii) credible threats against the victim, a member of the victim's family or household; or (iv) by a person previously convicted of Stalking. Penalty: Felony --- 5 years and/or $10,000 fine; probation of at least five years. Definitions of key terms: Continuing harassment means repeated instances of un-consented conduct that would cause a reasonable person emotional distress, and that actually causes emotional distress. Emotional distress means significant suffering or distress that may result in, but does not necessarily require, medical or other professional treatment or counseling. Un-consented contact means contact that you do not want or contact that you expressed that you wanted to avoid. This includes, but is not limited to, someone following you, confronting you at your workplace, phoning you, sending you mail, or placing objects on your property. NOTE: Stalking a minor is now a 5-year felony. Aggravated stalking of a minor is now a 10-year felony (eff. April 1, 1998). STANDING A party's right to make a legal claim, or to seek judicial enforcement of a right or duty. STARE DECISIS The doctrine that once a principle of law has been determined to be applicable to certain facts, that principle will be followed in future cases involving substantially identical facts. This body of "case law" --- along with Common Law and statutes --- becomes the Laws of the Land. STATE BAR OF MICHIGAN An association for attorneys licensed to practice law in Michigan. All attorneys, including prosecutors, must be a member of the State Bar in order to practice law in Michigan. Visit their web site at www.michbar.org.

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STATUS OFFENSE An act declared to be a delinquency offense which can only be committed by a juvenile --- e.g., habitual truancy, running away from home, violating curfew. STATUTE A law passed by a legislature. STATUTE OF LIMITATIONS Deadlines set by statute for filing criminal charges or civil lawsuits within a certain time after events occur that are the source of the charge or claim. The time limit on the right to seek relief in court. STIPULATION An agreement between opposing parties on any matter relating to the case, including case facts. Courts must approve stipulations to take legal effect. SUBPOENA A court order requiring a person to appear in court and give testimony as a witness, and/or to produce documents. An employer cannot act upon or threaten to discharge or discipline a witness for missing work to testify in court when subpoenaed. SUBPOENA DUCES TECUM A court order to produce documents. (Pronounced DOO-suhz TEE-kum.) SUPPRESS Legal bar to admitting evidence at a trial or other court proceeding. SUPREME COURT The highest appeals court in Michigan. An appellant files an application for "leave to appeal" in the Supreme Court, which the Court can grant (accept) or deny (reject) at its discretion. If an application is granted, the Supreme Court will hear the case; if denied, the decision made by the lower court remains unchanged. The Supreme Court usually selects cases involving important constitutional issues and questions of public policy. The Supreme Court also has administrative duties --- general administrative supervision of all courts in the state, establishing rules for practice and procedure in all Michigan courts, etc. The Supreme Court consists of seven justices: the chief justice and six associate justices. The justices are elected to serve 8-year terms. Every two years the justices vote to elect the chief justice. SUSTAIN A judge's decision to allow an objection or motion to prevail. See also overrule.

T
TESTIMONY Evidence presented orally and under oath by witnesses during trials or other court proceedings. TRANSCRIPT The official record of the testimony adduced in a trial or hearing.

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TRANSFER CASE Petitions are issued by the prosecutor in the county where the offenses occurred. But a case may be transferred to the Family Court in the county where the juvenile lives for adjudication and disposition, with the consent of both counties' courts. The county-of-residence is responsible for monitoring and rehabilitating their youth. TRUTH IN SENTENCING Legislation requiring offenders to serve their entire minimum sentence without reduction for good behavior. These prisoners may also have their minimum sentence extended for "bad behavior" while in prison. These prisoners are not eligible for placement in a corrections center or on electronic monitoring ("tether"). The law went into effect 12/15/1998.

TURNER HEARING Based on People v Turner, 390 Mich 7 (1973), a hearing to determine whether a defendant was entrapped by law enforcement officials into committing an offense.

U
UBAL (Operating with an Unlawful Blood Alcohol Level)
[MCL 257.625]

Commonly called per se drunk driving. A person must be operating a vehicle with at least a 0.10% bloodalcohol concentration. Unlike OUIL, it is irrelevant whether or not the driver is affected by the alcohol. Penalty: Identical to a conviction for OUIL. UDAA (Unlawfully Driving Away an Automobile)
[MCL 750.413]

Car theft. Wilfully and without authority, taking possession of and driving or taking away (or assisting in or being a party to such taking possession, driving or taking away) of any motor vehicle belonging to another. Unlike Joyriding, U.D.A.A. requires proof of theft. Penalty: Felony --- up to 5 years.

V
VACATE To set aside. Example: a court may vacate an earlier order. VENUE The geographic location (e.g., city or county) where an event occurred. A "change of venue" happens when a case is moved to a court in another county or to a court having other jurisdictional powers ... generally because the case should have been filed there originally, or for the convenience of the parties/witnesses, or because a fair trial cannot be had in the original court's location. VERDICT Decision of a jury or a judge on the issues submitted to the court for determination. VICTIM A person or entity who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime. VOIR DIRE The process of jury selection, generally involving the judge and attorneys asking potential jurors about their experiences and beliefs. The purpose is to determine if the jurors are appropriate for sitting on the case at hand. This French term (pronounced "vwa dear") means "to speak the truth".

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W
WADE HEARING Based on US v Wade, 388 US 218 (1967), a pre-trial hearing to test the fairness of a line-up. The issue is whether to admit or suppress an identification of an accused that resulted from the line-up. WAIVER Intentionally giving up a right. Example: a defendant waiving his right to remain silent to be interviewed by police. WALKER HEARING Based on People v Walker, 374 Mich 331 (1965), an evidentiary hearing on a defendant's motion to suppress his incriminating statement to the police. The hearing focuses on the totality of the circumstances surrounding the statement, including whether it was voluntarily and intelligently made, whether police advised the defendant of his Miranda rights and the defendant waived the rights, etc. WARRANT a court order authorizing an arrest. WHARTON'S RULE A substantive limitation on the scope of the crime of conspiracy. This rule provides that an agreement by two persons to commit a crime cannot be prosecuted as a conspiracy when the target crime requires the participation of the same two persons (for example dueling, bigamy or incest). The applicability of the rule focuses on the elements of the target crime, rather than on the factual circumstances of the particular case. So, if the offense could logically be accomplished by a single person, or the number of alleged conspirators exceeds the minimum number logically necessary to complete the substantive offense, Wharton's Rule does not apply. WITH PREJUDICE A dismissal "with prejudice" forever bars the same charge arising from the same incident from being brought against the same defendant again. WITHOUT PREJUDICE A dismissal "without prejudice" allows a prosecutor to re-file the same charge arising from the same incident against the same defendant again. WITNESS Person who comes to court (sometimes by subpoena) and swears under oath to give truthful evidence. WORK RELEASE A probation program where the defendant is permitted to maintain employment while residing in jail. The defendant leaves jail on work days only for his work hours, plus limited travel time.

Y
Y.T.A. see Holmes Youthful Trainee Act.

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Crime Victims Rights

CRIME IN MICHIGAN TOUCHES ALL OF US. When one person is victimized, we all --- as a community --- suffer. If you are not personally a victim of crime, then you know a relative, friend or neighbor who is. Victims and witnesses naturally look to the criminal justice system for vindication and justice, but all too often find a court system which appears to be dedicated to protecting the very people who have caused their anger and pain. As a result of aggressive advocacy, crime victims have recently gained many rights. This page will help you to learn about those rights.

The Michigan Constitution (Art. I, Sec. 24; eff. Dec. 24, 1988) and the Crime Victim's Rights Act have given crime victims the right to: Be treated throughout the criminal justice process with fairness and respect for their dignity and privacy

Timely disposition of the case following the arrest of the accused

Receive an explanation of court procedures

Reasonable protection from the accused throughout the criminal justice process, including having a waiting area separate from the defendant and the defendant's relatives and witnesses (if practical), and to receive an explanation of procedures to follow if threatened or intimidated by the defendant

Be free from threats or acts of discharge from your employer because you are subpoenaed or requested by the Prosecuting Attorney to testify in court

Consult with the Prosecuting Attorney to give your views about the disposition of the case

Notice of: Emergency and medical services [from the investigating police agency] The name of the person in the Prosecutor's Office with information about your case; All scheduled court proceedings, including sentencing; The defendant's release on bond or escape from custody while awaiting trial; The address and telephone number of the probation department that is preparing the pre-sentence investigation report, if one is ordered by the Judge;

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 Victim Compensation Benefits, including the address of the Crime Victims Compensation Board, and an explanation of eligibility requirements for compensation funds

Attend trial and all other court proceedings the accused has the right to attend (except possible sequestration during a trial before you testify)

Confer with the prosecution before trial and before the jury is selected

Make an oral statement to a pre-sentence investigator, or to have a written impact statement included in the presentence report

Make an oral or written statement to the court at sentencing.

Your oral or written statement at sentencing is important! Only you can really explain the impact of the crime upon your life.

Restitution

Information about the conviction, sentence, imprisonment, and release of the accused

An explanation of the appeal process, to be advised if the defendant has been released on an appeal bond, to be advised of the time and place of appellate court proceedings, and to be advised of the result of an appeal

Prompt return of your property taken during an investigation, except as otherwise provided by the law

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