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Constitution of Michigan

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A jury trial , or trial by jury , is a legal proceeding in which a jury makes a decision or findings of fact . It is distinguished from a bench trial , in which a judge or panel of judges makes all decisions.

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160-632: The Constitution of the State of Michigan is the governing document of the U.S. state of Michigan . It describes the structure and function of the state's government. There have been four constitutions approved by the people of Michigan. The first was approved on October 5 and 6, 1835, written as Michigan was preparing to become a state of the Union, which occurred in January 1837. Subsequent constitutions were ratified in 1850 and 1908. The current constitution

320-423: A praetor performing many of the duties of a judge. High government officials and their relatives were barred from acting as judices, due to conflicts of interest. Those previously found guilty of serious crimes (felonies) were also barred as were gladiators for hire, who likely were hired to resolve disputes through trial by combat . The law was as follows: The peregrine praetor (literally, traveling judge) within

480-497: A 4.2-magnitude earthquake occurred on Saturday, May 2, 2015, shortly after noon, about five miles south of Galesburg, Michigan (9 miles southeast of Kalamazoo ) in central Michigan, about 140 miles west of Detroit, according to the Colorado-based U.S. Geological Survey 's National Earthquake Information Center . No major damage or injuries were reported, according to then-Governor Rick Snyder 's office. State government

640-399: A bench trial is actually contemplated in a particular case. In general, the availability of a jury trial if properly demanded has given rise to a system in which fact finding is concentrated in a single trial rather than multiple hearings, and appellate review of trial court decisions is greatly limited. Jury trials are of far less importance (or of no importance) in countries that do not have

800-412: A bias. These juries differed from the modern sort by being self-informing; instead of getting information through a trial, the jurors were required to investigate the case themselves. In the 12th century, Henry II took a major step in developing the jury system. Henry II set up a system to resolve land disputes using juries. A jury of twelve free men were assigned to arbitrate in these disputes. As with

960-658: A board, which is either elected (in the cases of the Michigan State University Board of Trustees, the University of Michigan Board of Regents, and Wayne State University Board of Governors) or appointed by the governor (in the cases of the other 12 universities' boards of control or trustees). Each board selects the university's president. The legislature also establishes and supports public community and junior colleges and public libraries. Article IX deals with taxation and financial issues with

1120-515: A ceramic disk with an axle in its middle: the axle was either hollow or solid. Thus the way they voted was kept secret because the jurists would hold their disk by the axle by thumb and forefinger, thus hiding whether its axle was hollow or solid. Since Periclean times, jurists were compensated for their sitting in court, with the amount of one day's wages. The institution of trial by jury was ritually depicted by Aeschylus in The Eumenides ,

1280-747: A circuit. A criminal accused by this jury was given a trial by ordeal . The Church banned participation of clergy in trial by ordeal in 1215. Without the legitimacy of religion, trial by ordeal collapsed. The juries under the assizes began deciding guilt as well as providing accusations. The same year, trial by jury became an explicit right in one of the most influential clauses of Magna Carta . Article 39 of Magna Carta read: Nullus liber homo capiatur, vel imprisonetur, aut desseisetur de libero tenemento, vel libertatibus, vel liberis consuetudinibus suis, aut utlagetur, aut exuletur, aut aliquo modo destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae. It

1440-481: A common law system. Ancient Athens had a mechanism, called dikastaí , to assure that no one could select jurors for their own trial. For normal cases, the courts were made up of dikastai of up to 500 citizens. For capital cases—those that involved death, loss of liberty, exile, loss of civil rights, or seizure of property—the trial was before a jury of 1,001 to 1,501 dikastai . In such large juries, they rule by majority. Juries were appointed by lot. Jurists cast

1600-635: A constitutional convention in anticipation of statehood. The convention lasted until June 24, and the proposed constitution was adopted by the voters on October 5, 1835, by a 5-to-1 margin, with 6,299 votes for and 1,359 votes against. A bill of rights was issued with this constitution,through the Royal House of Stuart whom created the Bill of Rights shared today by the United States since the Family of

1760-536: A few hundred feet tall. It is divided by a low water divide running north and south. The larger portion of the state is on the west of this and gradually slopes toward Lake Michigan. The highest point in the Lower Peninsula is either Briar Hill at 1,705 feet (520 m), or one of several points nearby in the vicinity of Cadillac . The lowest point is the surface of Lake Erie at 571 feet (174 m). The geographic orientation of Michigan's peninsulas makes for

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1920-700: A half months, from October 1907 to March 1908. Article one of the Michigan Constitution is analogous to the United States Bill of Rights and consists of 27 sections, though originally consisting of only 23 sections when the current constitution was adopted in 1963. It is similar to the declaration of rights in many other state constitutions and mirrors many of the provisions found in the Universal Declaration of Human Rights . Section one spells out how “All political power

2080-489: A judge. Decisions of the Court and dissents are required to be in writing. Article VII provides for local units of government, particularly counties, townships, cities, and villages. Counties are to be governed by an elected board of commissioners, as well as a popularly elected sheriff, clerk, treasurer, register of deeds, and prosecuting attorney. State law also provides for an optional form of county government which includes

2240-597: A landmark during the day to safely guide the passenger ships and freighters traveling the Great Lakes (see: lighthouses in the United States ). The state's rivers are generally small, short and shallow, and few are navigable. The principal ones include the Detroit River, St. Marys River, and St. Clair River which connect the Great Lakes; the Au Sable , Cheboygan , and Saginaw , which flow into Lake Huron;

2400-606: A link between the king’s reforms and the legal system of the Kingdom of Sicily . A Swabian ordinance of 1562 called for the summons of jurymen ( urtheiler ), and various methods were in use in Emmendingen , Oppenau , and Oberkirch . Hauenstein 's charter of 1442 secured the right to be tried in all cases by 24 fellow equals, and in Freiburg the jury was composed of 30 citizens and councilors. The modern jury trial

2560-563: A long distance between the ends of the state. Ironwood , in the far western Upper Peninsula, lies 630 miles (1,010 kilometers) by highway from Lambertville in the Lower Peninsula's southeastern corner. The geographic isolation of the Upper Peninsula from Michigan's political and population centers makes the region culturally and economically distinct. Frequent attempts to establish the Upper Peninsula as its own state have failed to gain traction. A feature of Michigan that gives it

2720-625: A nearly bloodless siege in 1812. A U.S. attempt to retake Detroit resulted in a severe American defeat in the River Raisin Massacre . This battle, still ranked as the bloodiest ever fought in the state, had the highest number of American casualties of any battle of the war. Michigan was recaptured by the Americans in 1813 after the Battle of Lake Erie . They used Michigan as a base to launch an invasion of Canada, which culminated in

2880-499: A peace officer outside the curtilage of any dwelling house in this state.” Section twelve protects the writ of habeas corpus, while section thirteen provides “A suitor in any court of this state has the right to prosecute or defend his suit, either in his own proper person or by an attorney.” It could be interpreted as the right of access to the courts. Section fourteen preserve the right to trial by jury , in both civil (for those with remedies at law; juries for equitable remedies require

3040-430: A permanent community there would strengthen French control over the upper Great Lakes and discourage British aspirations. The hundred soldiers and workers who accompanied Cadillac built a fort enclosing one arpent (about 0.85 acres (3,400 m ), the equivalent of just under 200 feet (61 m) per side) and named it Fort Pontchartrain . Cadillac's wife, Marie Thérèse Guyon, soon moved to Detroit, becoming one of

3200-400: A person the right to vote solely because of the existence of a mental illness) or commitment to a jail or prison. It also allows the legislature to lessen these requirements for presidential elections. The article also establishes the time, place, and manner of elections, in addition to the necessity of a vote of the resident electors for increases in property taxes above certain thresholds on

3360-430: A popularly elected county executive. Currently, only Oakland and Bay Counties are governed in this fashion. Counties are also granted the authority to adopt a charter, subject to a vote of the people. Currently, only Wayne and Macomb Counties have adopted county charters. Article VIII provides for a system of public education in the state, stating that "Religion, morality and knowledge being necessary to good government and

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3520-596: A significant amount of population due to global competition and the dramatic unavailability of manufacturing jobs. Meanwhile, Michigan had increased use of technology, specifically when the IBM Personal Computer started selling in the state, in which became mostly used at work. Michigan became the leading auto-producing state in the U.S., with the industry primarily located throughout the Midwestern United States ; Ontario, Canada; and

3680-426: A significant share of serious criminal cases in many common law judicial systems, but not all. Juries or lay judges have also been incorporated into the legal systems of many civil law countries for criminal cases. The use of jury trials, which evolved within common law systems rather than civil law systems, has had a profound impact on the nature of American civil procedure and criminal procedure rules, even if

3840-439: A special process) and criminal cases. Section fifteen prohibits double jeopardy , provides that “All persons shall, before conviction, be bailable by sufficient sureties”, but goes on to list the limited instances where bail can be denied and the remedies for those who were denied bail. Section sixteen protects against excessive punishments, including cruel or unusual punishment, excessive bail, and excessive fines. It also prohibits

4000-574: A suit against the Legislature. The governor also has the power to remove or suspend from office any elected or appointed state officer, except a legislator or a judge. The governor is the commander-in-chief of the Michigan National Guard , issues writs of election to fill vacancies in the Legislature, has the power to grant reprieves, commutations, and pardons, and may convene the Legislature on extraordinary occasions. Annually,

4160-541: A summary proceeding with a panel of three lay magistrates or a district judge sitting alone), unless they are tried alongside indictable or either way offences that are themselves tried by jury, but the defendant has a right to demand a jury trial for either way offences. The situation is similar in Scotland; whereas in Northern Ireland even summary offences carry a right to jury trial, with some exceptions. In

4320-496: A unanimous decision has not been made within two hours. Since 1943, verdicts of not guilty for murder and treason have also been included, but must be deliberated for six hours. The Northern Territory has allowed majority verdicts of 10-2, 10-1 and 9-1 since 1963 for all charges. Deliberation must go for at least six hours before delivering a majority verdict. The Queensland Jury Act 1995 (s 59F) allows majority verdicts for all crimes except for murder and other offences that carry

4480-427: A warmer climate ( Köppen climate classification Dfa ) with hot summers and cold winters. The northern part of the Lower Peninsula and the entire Upper Peninsula has a more severe climate (Köppen Dfb ), with warm, but shorter summers and longer, cold to very cold winters. Some parts of the state average high temperatures below freezing from December through February, and into early March in the far northern parts. During

4640-452: Is an important part. Jury trials in criminal cases were a protected right in the original United States Constitution and the Fifth , Sixth , and Seventh Amendments of the U.S. Constitution extend the right to a jury trial for both criminal and civil matters and a grand jury for serious cases. In most common law jurisdictions, the jury is responsible for finding the facts of the case, while

4800-641: Is bounded on the south by the states of Ohio and Indiana , sharing land and water boundaries with both. Michigan's western boundaries are almost entirely water boundaries, from south to north, with Illinois and Wisconsin in Lake Michigan; then a land boundary with Wisconsin and the Upper Peninsula, that is principally demarcated by the Menominee and Montreal Rivers ; then water boundaries again, in Lake Superior, with Wisconsin and Minnesota to

4960-471: Is decentralized among three tiers—statewide, county and township . Counties are administrative divisions of the state, and townships are administrative divisions of a county. Both of them exercise state government authority, localized to meet the particular needs of their jurisdictions, as provided by state law. There are 83 counties in Michigan . Trial by jury Jury trials are increasingly used in

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5120-489: Is home to the country's three major automobile companies (whose headquarters are all in Metro Detroit). Once exploited for logging and mining, today the sparsely populated Upper Peninsula is important for tourism because of its abundance of natural resources. The Lower Peninsula is a center of manufacturing , forestry , agriculture , services , and high-tech industry. When the first European explorers arrived,

5280-423: Is inherent in the people.” Section two establishes the rule of law , equality before the law, and principles of non-discrimination. Section three describes the rights of assembly, consultation, instruction, and petition; the rights of association and protest can also be derived from this section. Section four establishes the freedom of religion by saying, “Every person shall be at liberty to worship God according to

5440-681: Is needed to use them. All Australian states allow for peremptory challenges in jury selection; however, the number of challenges granted to the counsels in each state are not all the same. Until 1987 New South Wales had twenty peremptory challenges for each side where the offence was murder, and eight for all other cases. In 1987 this was lowered to three peremptory challenges per side, the same amount allowed in South Australia . Eight peremptory challenges are allowed for both counsels for all offences in Queensland . Victoria , Tasmania and

5600-578: Is obvious, that juries were then no manner of security to the liberty of the subject. The first paragraph of the Act that abolished the Star Chamber repeats the clause on the right of a citizen to be judged by his peers: WHEREAS by the great charter many times confirmed in parliament, it is enacted, That no freeman shall be taken or imprisoned, or disseised of his freehold or liberties, or free customs, or be outlawed or exiled or otherwise destroyed, and that

5760-610: Is one of the first countries in Latin America that has implemented trial by jury. Although it has a civil law process, since November 2015, it has a jury system for serious criminal cases. Section 80 of the Australian Constitution provides that: "The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence

5920-570: Is out of the state, the lieutenant governor possesses all of the powers of the governor, including the power to sign bills passed by the Legislature. Under an amendment to the state Constitution adopted by the voters in 1992, the governor, lieutenant governor, secretary of state and attorney general are limited to two four-year terms in office. The Constitution vests the judicial power of the state in "one court of justice," divided into one supreme court , one court of appeals, one circuit court (the state trial court), probate courts, and other courts that

6080-533: Is provided for the use of the governor at Lansing. They also have a summer residence on Mackinac Island . Like the Vice President of the United States , the lieutenant governor is the president of the state Senate. The lieutenant governor is also first in the line of gubernatorial succession, followed by the secretary of state and the attorney general. Unlike the Vice President, when the governor

6240-526: Is rugged. The state's highest point, in the Huron Mountains northwest of Marquette, is Mount Arvon at 1,979 feet (603 m). The peninsula is as large as Connecticut, Delaware, Massachusetts, and Rhode Island combined but has fewer than 330,000 inhabitants. The people are sometimes called "Yoopers" (from "U.P.'ers"), and their speech (the " Yooper dialect ") has been heavily influenced by the numerous Scandinavian and Canadian immigrants who settled

6400-562: Is the 10th-largest state by population, the 11th-largest by area, and the largest by area east of the Mississippi River . Its capital is Lansing , and its largest city is Detroit . Metro Detroit is among the nation's most populous and largest metropolitan economies. The name derives from a gallicized variant of the original Ojibwe word ᒥᓯᑲᒥ ( mishigami ), meaning "large water" or "large lake". Michigan consists of two peninsulas . The Lower Peninsula resembles

6560-497: Is the father, brother, or son of a person who is or has been a member of the Senate, or who is overseas. In classical Islamic jurisprudence , litigants in court may obtain notarized statements from between three and twelve witnesses. When the statements of all witnesses are consistent, the notaries will certify their unanimous testimony in a legal document, which may be used to support the litigant's claim. The notaries serve to free

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6720-521: Is the state's largest metropolitan area (roughly 50% of the population resides there) and the eleventh largest in the United States. The Grand Rapids metropolitan area in Western Michigan is the state's fastest-growing metro area, with more than 1.3 million residents as of 2006 . Michigan consists of two peninsulas separated by the Straits of Mackinac . The 45th parallel north runs through

6880-486: Is translated thus by Lysander Spooner in his Essay on the Trial by Jury : No free man shall be captured, and or imprisoned, or disseised of his freehold, and or of his liberties, or of his free customs, or be outlawed, or exiled, or in any way destroyed, nor will we proceed against him by force or proceed against him by arms, but by the lawful judgment of his peers, and or by the law of the land. Although it says "and or by

7040-453: The ACT requires unanimous verdicts. Since 1927 South Australia has permitted majority verdicts of 11-1 (or 10-1 or 9-1 in cases where the jury has been reduced) in criminal trials if a unanimous verdict cannot be reached in four hours. These are accepted in all cases except for guilty verdicts if the defendant is on trial for murder or treason . Victoria has accepted majority verdicts with

7200-560: The American Revolution . When Quebec split into Lower and Upper Canada in 1791, Michigan was part of Kent County , Upper Canada. It held its first democratic elections in August 1792 to send delegates to the new provincial parliament at Newark (now Niagara-on-the-Lake ). Under terms negotiated in the 1794 Jay Treaty , Britain withdrew from Detroit and Michilimackinac in 1796. It retained control of territory east and south of

7360-596: The Battle of the Thames . But the more northern areas of Michigan were held by the British until the peace treaty restored the old boundaries. A number of forts, including Fort Wayne , were built by the United States in Michigan during the 19th century out of fears of renewed fighting with Britain. Michigan Territory governor and judges established the University of Michigan in 1817, as the Catholepistemiad, or

7520-551: The Guardian Building , each of which has been designated as a National Historic Landmark (NHL). In 1927 a school bombing took place in Clinton County . The Bath School disaster resulted in the deaths of 38 schoolchildren and constitutes the deadliest mass murder in a school in U.S. history. Michigan converted much of its manufacturing to satisfy defense needs during World War II ; it manufactured 10.9% of

7680-587: The Netherlands were especially numerous. Migration from Appalachia and of Black Southerners as part of the Great Migration increased in the 1930s, with many settling in Metro Detroit. Although Michigan has developed a diverse economy, in the early 20th century it became widely known as the center of the U.S. automotive industry , which developed as a major national economic force. It

7840-560: The North Country National Scenic Trail passes through Michigan. With 78 state parks , 19 state recreation areas, and six state forests , Michigan has the largest state park and state forest system of any state. Michigan has a continental climate with two distinct regions. The southern and central parts of the Lower Peninsula (south of Saginaw Bay and from the Grand Rapids area southward) have

8000-526: The Northern Territory allow for six. Western Australia allows three peremptory challenges per side unless there is more than one accused in which case the prosecution can peremptorily challenge 3 times the number of accused and each accused has 3 peremptory challenges. In Australia, majority verdicts are allowed in South Australia , Victoria , Western Australia , Tasmania , the Northern Territory , New South Wales and Queensland , while

8160-581: The Ontonagon , and Tahquamenon , which flow into Lake Superior; and the St. Joseph , Kalamazoo , Grand , Muskegon , Manistee , and Escanaba , which flow into Lake Michigan. The state has 11,037 inland lakes—totaling 1,305 square miles (3,380 km ) of inland water—in addition to 38,575 square miles (99,910 km ) of Great Lakes waters. No point in Michigan is more than six miles (9.7 km) from an inland lake or more than 85 miles (137 km) from one of

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8320-793: The Prussian Ministry of Justice proposed to abolish the jury and replace it with the mixed system, causing a significant political debate. In the Weimar Republic the jury was abolished by the Emminger Reform of 4 January 1924. Between 1948 and 1950 in American-occupied Germany and the Federal Republic of Germany , Bavaria returned to the jury trial as it had existed before the 1933 emergency decrees, but they were again abolished by

8480-514: The United States , and Canada , and any subdivisions therein. Section six limits internal improvements. Section seven of the article continues the common law and statutes already in effect at the time it takes force which do not conflict with the constitution itself. Section eight says that “Either house of the legislature or the governor may request the opinion of the supreme court on important questions of law upon solemn occasions as to

8640-477: The United States , jury trials are available in both civil and criminal cases. In Canada , an individual charged with an indictable offence may elect to be tried by a judge alone in a provincial court, by judge alone in a superior court, or by judge and jury in a superior court; summary offences cannot be tried by jury. In England and Wales , offences are classified as summary, indictable, or either way; jury trials are not available for summary offences (using instead

8800-580: The United States Supreme Court . Article three outlines some of the basics of the Michigan government, including that the state capital is Lansing and that within the government there shall be a separation of powers into legislative , executive , and judicial branches. It also establishes a great seal and a militia , providing that law will regulate both. The article also allows the state and its subdivisions to enter into agreements with other governments, including other states,

8960-681: The Upper Midwest region of the United States . It borders Wisconsin to the southwest in the Upper Peninsula , and Indiana and Ohio to the south in the Lower Peninsula ; it is also connected by Lakes Superior , Michigan , Huron , and Erie to Minnesota and Illinois , and the Canadian province of Ontario . With a population of nearly 10.12 million and an area of 96,716 sq mi (250,490 km ), Michigan

9120-638: The Viking occupation: "The Scandinavians, when not on the Viking warpath, were a litigious people and loved to get together in the thing [governing assembly] to hear legal argument. They had no professional lawyers, but many of their farmer-warriors, like Njáll Þorgeirsson , the truth-teller, were learned in folk custom and in its intricate judicial procedure. A Danish town in England often had, as its main officers, twelve hereditary 'law men.' The Danes introduced

9280-487: The automotive industry . Ford's development of the moving assembly line in Highland Park marked a new era in transportation. Like the steamship and railroad, mass production of automobiles was a far-reaching development. More than the forms of public transportation, the affordable automobile transformed private life. Automobile production became the major industry of Detroit and Michigan, and permanently altered

9440-479: The judge from the time-consuming task of hearing the testimony of each eyewitness himself, and their documents serve to legally authenticate each oral testimony. The Maliki school of Islamic jurisprudence requires two notaries to collect a minimum of twelve eyewitness statements in certain legal cases, including those involving unregistered marriages and land disputes. John Makdisi has compared this to English Common Law jury trials under King Henry II , surmising

9600-429: The lieutenant governor , secretary of state , and the attorney general . All three are nominated at their respective party conventions; the lieutenant governor runs on a ticket with the governor for the general election. In order to be eligible for election as governor or lieutenant governor, a person must be 30 years old and a registered voter in Michigan for the four years preceding election. An executive residence

9760-437: The 1830s, Michigan had 30,000 residents, more than enough to apply and qualify for statehood. On November 1, 1935, the U.S. Post Office issued a commemorative 3-cent stamp celebrating the 100th anniversary of Michigan statehood. Michigan's statehood, however, wasn't officially established until January 26, 1837, but since the campaign for statehood actually began in 1835, Michigan chose to hold its centennial celebration in 1935,

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9920-807: The 1950 Unification Act ( Vereinheitlichungsgesetz ) for the Federal Republic. In 1979, the United States tried the East German LOT Flight 165 hijacking suspects in the United States Court for Berlin in West Berlin, which declared the defendants had the right to a jury trial under the United States Constitution , and hence were tried by a West German jury. According to George Macaulay Trevelyan in A Shortened History of England , during

10080-851: The British forces, ending the French and Indian War (1754–1763), the North American front of the Seven Years' War in Europe. Under the 1763 Treaty of Paris , Michigan and the rest of New France east of the Mississippi River were ceded by defeated France to Great Britain. After the Quebec Act was passed in 1774, Michigan became part of the British Province of Quebec . By 1778, Detroit's population reached 2,144 and it

10240-521: The Detroit River, which are now included in Ontario, Canada. Questions remained over the boundary for many years, and the United States did not have uncontested control of the Upper Peninsula and Drummond Island until 1818 and 1847, respectively. During the War of 1812 , the United States forces at Fort Detroit surrendered Michigan Territory (effectively consisting of Detroit and the surrounding area) after

10400-685: The French established a trading post and Fort St. Joseph along the St. Joseph River at the present-day city of Niles . In 1701, French explorer and army officer Antoine de la Mothe Cadillac founded Fort Pontchartrain du Détroit or "Fort Pontchartrain on-the-Strait" on the strait, known as the Detroit River , between lakes Saint Clair and Erie . Cadillac had convinced King Louis XIV's chief minister, Louis Phélypeaux, Comte de Pontchartrain , that

10560-559: The Great Lakes. The state is home to several areas maintained by the National Park Service including: Isle Royale National Park , in Lake Superior, about 30 miles (48 km) southeast of Thunder Bay, Ontario. Other national protected areas in the state include: Keweenaw National Historical Park , Pictured Rocks National Lakeshore , Sleeping Bear Dunes National Lakeshore , Huron National Forest , Manistee National Forest , Hiawatha National Forest , Ottawa National Forest and Father Marquette National Memorial . The largest section of

10720-399: The House of Stuart held then as they do this day, the Assignment of the Treatises and the Equity of the Treaty Territories, and their Properties, lands, minerals and natural resources of the Union under the 1662 Constitution. The constitution established a superintendent of public instruction, an office which still exists today, and the Secretary of State and the Attorney General , as well as

10880-404: The King will not pass upon him, or condemn him; but by lawful judgment of his peers, or by the law of the land ... In 1670 two Quakers charged with unlawful assembly , William Penn and William Mead , were found not guilty by a jury. The judge then fined the jury for contempt of court for returning a verdict contrary to their own findings of fact and removed them to prison until the fine

11040-402: The Legislature may establish. The Supreme Court consists of seven justices nominated at party conventions and elected at a non-partisan general election. A chief justice is elected by the court from among its members, and the court also selects an administrator of the courts. The Court has "general superintending power" over all of the courts in the state, but it does not have the power to remove

11200-439: The Lower Peninsula, Michigan is drained by the Great Lakes- St. Lawrence watershed and is the only state with the majority of its land thus drained. No point in the state is more than six miles (9.7 km) from a natural water source or more than 85 miles (137 km) from a Great Lakes shoreline. The Great Lakes that border Michigan from east to west are Lake Erie , Lake Huron , Lake Michigan and Lake Superior . The state

11360-541: The Marches by the judgement of equals. English law shall apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall treat us and ours in the same way. During the mid-14th century, persons who had sat on the Presenting Jury (i.e., in modern parlance, the grand jury ) were forbidden to sit on the trial jury for that crime. 25 Edward III stat 5., c3 (1353). Medieval juries were self-informing, in that individuals were chosen as jurors because they either knew

11520-462: The Saxon system, these men were charged with uncovering the facts of the case on their own rather than listening to arguments in court. Henry II also introduced what is now known as the " grand jury " through his Assize of Clarendon . Under the assize, a jury of free men was charged with reporting any crimes that they knew of in their hundred to a "justice in eyre", a judge who moved between hundreds on

11680-412: The Senate, or who has fought or shall fight as a gladiator for hire ... or who has been condemned by the judicial process and a public trial whereby he cannot be enrolled in the Senate, or who is less than thirty or more than sixty years of age, or who does not have his residence in the city of Rome or within one mile of it, or who is the father, brother, or son of any above-described magistrate, or who

11840-607: The Southern United States. With almost ten million residents in 2010, Michigan is a large and influential state, ranking tenth in population among the fifty states. Detroit is the centrally located metropolitan area of the Great Lakes megalopolis and the second-largest metropolitan area in the U.S. (after Chicago ) linking the Great Lakes system. The Metro Detroit area in Southeast Michigan

12000-417: The State of Michigan can serve. For senators, it is twice within any given twenty-four year period (no more than two-consecutive terms without a break of two terms), while for representatives it is three times during any given twelve-year period (no more than three consecutive terms without a break of three terms). Such term limits were adopted in 1992 by ballot initiative but were ruled to be unconstitutional by

12160-640: The State of Michigan. It provides that all citizens of the United States who are at least 21 years of age (though the 26th amendment to the United States Constitution lowers this to 18 years), have resided in the state at least six months, and who meets the requirements of local residence shall be entitled to vote. It also empowers the legislature to exclude people from voting because of mental incompetence (though in Doe v. Rowe Federal District Court Judge George Singal found it unconstitutional to deny

12320-639: The U.S.), an Anishinaabe tribe, were established in Michigan's Upper Peninsula and northern and central Michigan . Bands also inhabited Ontario and southern Manitoba , Canada; and northern Wisconsin , and northern and north-central Minnesota . The Ottawa Indians lived primarily south of the Straits of Mackinac in northern, western , and southern Michigan , but also in southern Ontario, northern Ohio, and eastern Wisconsin. The Potawatomi were in southern and western Michigan, in addition to northern and central Indiana, northern Illinois, southern Wisconsin, and southern Ontario. Other Algonquian tribes in Michigan, in

12480-513: The United States military armaments produced during the war, ranking second (behind New York ) among the 48 states. Detroit continued to expand through the 1950s, at one point doubling its population in a decade. After World War II, housing was developed in suburban areas outside city cores to meet demand for residences. The federal government subsidized the construction of interstate highways , which were intended to strengthen military access, but also allowed commuters and business traffic to travel

12640-423: The United States, because jury trials tend to be high profile, the general public tends to overestimate the frequency of jury trials. Approximately 150,000 jury trials are conducted in state courts annually, and an additional 5,000 jury trials are conducted in federal courts. Two-thirds of jury trials are criminal trials, while one-third are civil and "other" (e.g., family, municipal ordinance, traffic). Nevertheless,

12800-697: The University of Michigania. The population grew slowly until the opening in 1825 of the Erie Canal through the Mohawk Valley in New York, connecting the Great Lakes to the Hudson River and New York City. The new route attracted a large influx of settlers to the Michigan territory. They worked as farmers, lumbermen, shipbuilders, and merchants and shipped out grain, lumber, and iron ore. By

12960-425: The absolute monarchies in Europe contain, at present, so illegal and despotic a tribunal. While so many terrors hung over the people, no jury durst have acquitted a man, when the court was resolved to have him condemned. The practice also, of not confronting witnesses to the prisoner, gave the crown lawyers all imaginable advantage against him. And, indeed, there scarcely occurs an instance, during all these reigns, that

13120-511: The advice and consent of the United States Senate for a presidential appointment which is required before a nominee takes office. The departments of state government are under the supervision of the governor, and the directors form the governor's cabinet . The governor also has the power to initiate court proceedings in the state's name to enforce compliance with a constitutional or state mandate, but this power does not authorize

13280-463: The area during the lumbering and mining boom of the late 19th century. The Lower Peninsula is shaped like a mitten and many residents hold up a hand to depict where they are from. It is 277 miles (446 km) long from north to south and 195 miles (314 km) from east to west and occupies nearly two-thirds of the state's land area. The surface of the peninsula is generally level, broken by conical hills and glacial moraines usually not more than

13440-560: The area, settling largely along the waterways. After France's defeat in the French and Indian War in 1762, the region came under British rule. Britain ceded the territory to the newly independent United States after its defeat in the American Revolutionary War . The area was part of the larger Northwest Territory until 1800, when western Michigan became part of the Indiana Territory . Michigan Territory

13600-508: The armed forces reserves and or a notary public. Section ten prohibits conflicts of interest in state, county, and municipal contracts for legislators and other state employees. Section eleven describes the privileges of members of the legislature, all of which are similar to those of Members of Congress . Section twelve establishes the state compensation commission and allows the legislature to override it only be active action. Sections thirteen and fourteen deal with specific procedural issues of

13760-723: The auditor general and the justices of the Supreme Court were to be appointed, not elected. The Constitution of 1850 was adopted November 5, 1850, after a convention lasting two and a half months. Major changes from the 1835 Constitution included making the Secretary of State, the attorney general, the auditor general, and the Supreme Court elected rather than appointed offices, directed the state to establish an agricultural school , and added articles on local government, finance and taxation, and corporations. It also added

13920-547: The beginning of the republic and in the majority of civil cases towards the end of the empire, there were tribunals with the characteristics of the jury in the sense that Roman judges were civilian, lay and not professionals. Capital trials were held in front of hundreds or thousands of 'juries' in the commitias or centuries, the same as in Athenian trials. Roman law provided for the yearly selection of judices, who would be responsible for resolving disputes by acting as jurors, with

14080-475: The coast is much indented. Keweenaw Bay, Whitefish Bay , and the Big and Little Bays De Noc are the principal indentations on the Upper Peninsula. The Grand and Little Traverse , Thunder , and Saginaw bays indent the Lower Peninsula. Michigan has the second longest shoreline of any state—3,288 miles (5,292 km), including 1,056 miles (1,699 km) of island shoreline. The state has numerous large islands ,

14240-559: The coldest recorded temperature is −51 °F (−46 °C) at Vanderbilt on February 9, 1934. The state averages 30 days of thunderstorm activity per year. These can be severe, especially in the southern part of the state. The state averages 17 tornadoes per year, which are more common in the state's extreme southern section. Portions of the southern border have been almost as vulnerable historically as states further west and in Tornado Alley . For this reason, many communities in

14400-431: The composition of and empowers the commission which draws state legislative districts, including eligibility for membership on the commission, terms, the filling of vacancies, officers, compensation, public hearings, and public records. It also handles disagreement by the commission as to which plan is the best or most appropriate, which is settled by the Supreme Court . The same section also empowers any elector to challenge

14560-422: The consent of the people. According to some sources, in the time of Edward III, "by the law of the land" had been substituted "by due process of law", which in those times was a trial by twelve peers. In 1215, Magna Carta further secured defendants the right to a judgement of "reputable men of the neighbourhood"/"their equals" by stating that For a trivial offence, a free man shall be fined only in proportion to

14720-530: The constitutionality of legislation after it has been enacted into law but before its effective date.” Article IV has 54 sections, originally having only 53 sections before the addition of term limits for members of the State Legislature. Section 1 vests the legislative powers of the state in a house of representatives and a senate . It continues by stating that the number of senators is to be 38 and their terms are to be for four years. It describes

14880-400: The county and municipal level as well as for the issuing of municipal and county bonds. Article two establishes a state board of canvassers and primary elections. It prohibits ballot designations of candidates, except in cases of similar surnames. It also instructs the legislature to “enact laws to preserve the purity of elections, to preserve the secrecy of the ballot, to guard against abuses of

15040-667: The defendant to waive their right to a jury trial, thus leading to a bench trial . Jury trials tend to occur only when a crime is considered serious. In some jurisdictions, such as France and Brazil , jury trials are reserved, and compulsory, for the most severe crimes and are not available for civil cases. In Brazil, trials by jury are applied in cases of voluntary crimes against life, such as first and second degree murder, forced abortion and instigation of suicide, even if only attempted. In others, jury trials are only available for criminal cases and very specific civil cases ( malicious prosecution , civil fraud and false imprisonment ). In

15200-435: The defendant was guilty or not guilty, but they had a third choice: "Guilty, but not to be punished", since Alexander II believed that justice without morality was wrong. In France and some countries organized in the same fashion, the jury and several professional judges sit together to determine guilt first. Then, if guilt is determined, they decide the appropriate penalty. Some jurisdictions with jury trials allow

15360-577: The definition of treason and the requirements to convict someone of it. Section twenty-three proclaims “The enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the people.” Section twenty-four provides for the rights of crime victims and was adopted by initiative in 1988. Section twenty-five was adopted by initiative in 2004 and defines marriage as between one man and one woman, effectively prohibiting same-sex marriage and polygamy. Section twenty-six prohibits affirmative action programs and calls for

15520-468: The degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood. Earls and barons shall be fined only by their equals, and in proportion to

15680-601: The dictates of his own conscience.” Section five protects the freedom of speech and the freedom of press . Section six consists of the right to bear arms . Section seven provides that the military power is subordinate to the civil power and section eight provides protection against the quartering of soldiers on private property and the undue intrusion of agents of the state. Section nine prohibits slavery and involuntary servitude, but specifically allows for criminal punishments that amount to community service. Section ten says, “No bill of attainder, ex post facto law or law impairing

15840-541: The discipline and rigor needed to limit raw discretion of judges and other bureaucrats. In particular, he praises the adversarial nature of the American system as a more effective way to uncover truths than the judge-led process in Europe. He further argues that being face-to-face in open court can help to bring humanity into the courtroom, by reminding decision-makers that everyone involved are humans with souls. Overall, jury use has been increasing worldwide. Argentina

16000-671: The distinct shape of a mitten is the Thumb , which projects into Lake Huron, forming Saginaw Bay . Other notable peninsulas of Michigan include the Keweenaw Peninsula , which projects northeasterly into Lake Superior from the Upper Peninsula and largely comprising Michigan's Copper Country region, and the Leelanau Peninsula , projecting from the Lower Peninsula into Lake Michigan, forming Michigan's "little finger". Numerous lakes and marshes mark both peninsulas, and

16160-408: The district shall be deemed a vacation of the office. No person who has been convicted of subversion or who has within the preceding 20 years been convicted of a felony involving a breach of public trust shall be eligible for either house of the legislature." Sections eight and nine describe the ineligibility of legislators to be federal, state, or local employees or officials, but allows them to be in

16320-411: The elective franchise, and to provide for a system of voter registration and absentee voting.” Article two provides for limited direct democracy through the initiative , referendum , and recall , establishing a process for all three. All three are invoked by petitions followed up by ballot votes. Article two also attempts to restrict the number of terms United States Senators and Representatives from

16480-691: The entire Lower Peninsula. The Upper Peninsula exhibits Lower Silurian sandstones, limestones, copper and iron bearing rocks, corresponding to the Huronian system of Canada . The central portion of the Lower Peninsula contains coal measures and rocks of the Pennsylvanian period. Devonian and sub-Carboniferous deposits are scattered over the entire state. Michigan rarely experiences earthquakes , and those that it does experience are generally smaller ones that do not cause significant damage. A 4.6-magnitude earthquake struck in August 1947. More recently,

16640-439: The equal treatment of all candidates for public education, employment, and contracts; it was adopted in 2006 by initiative. Section twenty-seven provides for human embryonic stem cell research in the state; it was adopted by initiative in 2008 . Section twenty-eight provides a right to reproductive freedom ; it was adopted by initiative in 2022 . Article two establishes the basic rules, procedures, and guidelines for elections in

16800-439: The first European women to settle in what was considered the wilderness of Michigan. The town quickly became a major fur-trading and shipping post. The Église de Saint-Anne (Catholic Church of Saint Anne) was founded the same year. While the original building does not survive, the congregation remains active. Cadillac later departed to serve as the French governor of Louisiana from 1710 to 1716. French attempts to consolidate

16960-535: The five Great Lakes and Lake St. Clair . It also has 64,980 inland lakes and ponds . Michigan has the second-most water area of any state, behind only Alaska. The area was first occupied by a succession of Native American tribes over thousands of years. In the 17th century, French explorers claimed it as part of the New France colony, when it was largely inhabited by Indigenous peoples. French and Canadian traders and settlers, Métis , and others migrated to

17120-565: The fur trade led to the Fox Wars , in which the Meskwaki (Fox) and their allies fought the French and their Native allies. At the same time, the French strengthened Fort Michilimackinac at the Straits of Mackinac to better control their lucrative fur-trading empire. By the mid-18th century, the French also occupied forts at present-day Niles and Sault Ste. Marie, though most of the rest of

17280-415: The government of Michigan. Section 1 outlines how taxes should be used to pay the expenses of the government. Section 2 gives the power of taxation for the government of Michigan exclusively to the government of Michigan and cannot be sold, or given to any other groups. Michigan Michigan ( / ˈ m ɪ ʃ ɪ ɡ ən / MISH -ig-ən ) is a state in the Great Lakes region of

17440-488: The governor delivers a State of the State message to a joint session of the Legislature and may present special messages throughout the year on various topics. They also delivers a budget recommendation each year, assisted by the State Budget Director . The governor has a line-item veto for appropriations bills. Article V also prescribes the powers and duties of the three other major elected state officers:

17600-497: The gravity of their offence. To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. A dispute on this point shall be determined in

17760-665: The habit of making committees among the free men in court, which perhaps made England favorable ground for the future growth of the jury system out of a Frankish custom later introduced by the Normans." The English king Æthelred the Unready set up an early legal system through the Wantage Code of Ethelred, one provision of which stated that the twelve leading thegns (minor nobles) of each wapentake (a small district) were required to swear that they would investigate crimes without

17920-606: The happiness of mankind, schools and the means of education shall forever be encouraged." The Legislature is charged with the maintenance of the state's public schools and assigns supervision of education in the state to a popularly elected State Board of Education; the State Board, in turn, selects a state superintendent of public instruction who is the principal officer of the Michigan Department of Education. Michigan's 15 public universities are each governed by

18080-537: The judge determines the law. These "peers of the accused" are responsible for listening to a dispute, evaluating the evidence presented, deciding on the facts, and making a decision in accordance with the rules of law and their jury instructions . Typically, the jury only judges a verdict of guilty or not guilty, but the actual penalty is set by the judge. Following the judicial reform of Alexander II in Russia , unlike in modern jury trials, jurors decided not only whether

18240-441: The jury and the barons, and only under the rule of laws that the juries and barons found acceptable), the kings, through the royal judges, began to extend their control over the jury and the kingdom. In David Hume 's History of England , he tells something of the powers that the kings had accumulated in the times after Magna Carta, the prerogatives of the crown and the sources of great power with which these monarchs counted: One of

18400-708: The late 19th to early 20th century, working in lumbering areas in counties on the Lake Huron side of the Lower Peninsula, such as the Saginaw Valley, Alpena, and Cheboygan counties, as well as throughout the Upper Peninsula, with large concentrations in Escanaba and the Keweenaw Peninsula . The first statewide meeting of the Republican Party took place on July 6, 1854, in Jackson, Michigan , where

18560-401: The law of the land", this in no manner can be interpreted as if it were enough to have a positive law, made by the king, to be able to proceed legally against a citizen. The law of the land was the consuetudinary law , based on the customs and consent of John's subjects, and since they did not have Parliament in those times, this meant that neither the king nor the barons could make a law without

18720-484: The legislature, including quorums, convening, adjournment, and related topics. Article V has a total of 30 sections which outline the powers and duties of officers in the executive branch of state government. The executive power of the state is vested in the governor . Section 2 limits the number of state executive departments to 20 which may be reorganized by the governor by executive order (the Legislature has

18880-420: The lines drawn by the commission in the Supreme Court on any basis of bias or discrimination or otherwise not meeting the standards set forth in the constitution. Section seven sets forth the qualifications of senators and representatives: "Each senator and representative must be a citizen of the United States, at least 21 years of age, and an elector of the district he represents. The removal of his domicile from

19040-475: The most ancient and most established instruments of power was the court of Star Chamber , which possessed an unlimited discretionary authority of fining, imprisoning, and inflicting corporal punishment, and whose jurisdiction extended to all sorts of offenses, contempts, and disorders, that lay not within reach of the common law. The members of this court consisted of the privy council and the judges; men who all of them enjoyed their offices during pleasure: And when

19200-673: The most populous tribes were the Algonquian peoples , which include the Anishinaabe groups of Ojibwe , Odaawaa/Odawa (Ottawa) , and the Boodewaadamii/Bodéwadmi (Potawatomi) . The three nations coexisted peacefully as part of a loose confederation called the Council of Three Fires . The Ojibwe, whose numbers are estimated to have been at least 35,000, were the largest. The Ojibwe Indians (also known as Chippewa in

19360-456: The nation. Many private colleges were founded as well, and the smaller cities established high schools late in the century. Michigan's economy underwent a transformation at the turn of the 20th century. Many individuals, including Ransom E. Olds , John and Horace Dodge , Henry Leland , David Dunbar Buick , Henry Joy , Charles King , and Henry Ford , provided the concentration of engineering know-how and technological enthusiasm to develop

19520-405: The next ten days after this law is passed by the people or plebs shall provide for the selection of 450 persons in this State who have or have had a knight's census ... provided that he does not select a person who is or has been plebeian tribune, quaestor, triumvir capitalis, military tribune in any of the first four legions, or triumvir for granting and assigning lands, or who is or has been in

19680-606: The obligation of contract shall be enacted.” Section eleven protects against unreasonable searches and seizures and creates the necessity for law enforcement to obtain warrants to conduct either one. Part of section eleven was struck down numerous times in court as being in violation of the United States Constitution (Lucas v. People, Caver v. Kropp, People v. Pennington, and People v. Andrews); that part reads, “The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by

19840-422: The parties and the facts, or they had the duty to discover them. This spared the government the cost of fact-finding. Over time, English juries became less self-informing and relied more on the trial itself for information on the case. Jurors remained free to investigate cases on their own until the 17th century. Magna Carta being forgotten after a succession of benevolent reigns (or, more probably, reigns limited by

20000-682: The party adopted its platform. The state was predominantly Republican until the 1930s, reflecting the political continuity of migrants from across the Northern Tier of New England and New York. Michigan made a significant contribution to the Union in the American Civil War and sent more than forty regiments of volunteers to the federal armies. Michigan modernized and expanded its system of education in this period. The Michigan State Normal School, now Eastern Michigan University ,

20160-550: The passing of the Jury Trials Amending Act of 1833 (NSW) (2 William IV No 12). The voir dire system of examining the jury pool before selection is not permitted in Australia as it violates the privacy of jurors. Therefore, though it exists, the right to challenge for cause during jury selection cannot be employed much. Peremptory challenges are usually based on the hunches of counsel and no reason

20320-441: The population boom. By the 1930s, so many immigrants had arrived that more than 30 languages were spoken in the public schools, and ethnic communities celebrated in annual heritage festivals. Over the years immigrants and migrants contributed greatly to Detroit's diverse urban culture, including popular music trends. The influential Motown Sound of the 1960s was led by a variety of individual singers and groups. Grand Rapids ,

20480-399: The power to disapprove of a reorganization within 60 days). The head of each department is required to be a single person appointed by the governor, except where the constitution or law provides for a board or commission. Many appointments by the governor are subject to the advice and consent of the state Senate , however a Senate vote is only for disapproval of an appointment as opposed to

20640-431: The prince himself was present, he was the sole judge, and all the others could only interpose with their advice. There needed but this one court in any government, to put an end to all regular, legal, and exact plans of liberty. For who durst set himself in opposition to the crown and ministry, or aspire to the character of being a patron of freedom, while exposed to so arbitrary a jurisdiction? I much question, whether any of

20800-546: The principal ones being the North Manitou and South Manitou , Beaver , and Fox groups in Lake Michigan; Isle Royale and Grande Isle in Lake Superior; Marquette, Bois Blanc , and Mackinac islands in Lake Huron; and Neebish , Sugar , and Drummond islands in St. Mary's River . Michigan has about 150 lighthouses , the most of any U.S. state. The first lighthouses in Michigan were built between 1818 and 1822. They were built to project light at night and to serve as

20960-449: The process to create senatorial districts and apportionment factors and rules. It then fixes the number of representatives at 110 and their terms for periods of two years. It continues by describing the apportionment rules and factors for representative districts, including the method, the process to form areas for districts, the annexation or merger with a city for apportionment purposes, the contiguity of islands. The article also describes

21120-430: The provision that the question of a general revision of the constitution be submitted at the general election every 16 years. A proposed amendment to extend to women the right to vote in 1874 was defeated, 136,000-40,000. Michigan held a convention in 1867 but voters rejected the resulting constitution. The Constitution of 1908 was adopted on November 3 of that year, after a convention of 96 delegates lasting four and

21280-587: The region more easily. Since 1960, modern advances in the auto industry have led to increased automation, high-tech industry, and increased suburban growth. Longstanding tensions in Detroit culminated in the Twelfth Street riot in July 1967. During the late 1970s and the early 1980s, increasing fuel costs and other factors made significantly more global competition and recession among families. Michigan lost

21440-517: The region remained unsettled by Europeans. France offered free land to attract families to Detroit, which grew to 800 people in 1765. It was the largest city between Montreal and New Orleans. French settlers also established small farms south of the Detroit River opposite the fort, near a Jesuit mission and Huron village. From 1660 until the end of French rule, Michigan was part of the Royal Province of New France . In 1760, Montreal fell to

21600-413: The rise of plea bargaining) were "unwitting and reflexive, generally wasteful of public resources and, because of the absence of trained professionals, little more than slow guilty pleas themselves", and that the guilty-plea system that emerged in the latter half of the nineteenth century was a superior, more cost-effective method of achieving fair outcomes. Robert Burns argues that the jury trial provides

21760-477: The same conditions since 1994, though deliberations must have gone for at least six hours before a majority verdict can be made. Western Australia accepted majority verdicts in 1957 for all trials except where the crime is murder or has a maximum penalty of life imprisonment: a 10-2 verdict is accepted. Majority verdicts of 10-2 have been allowed in Tasmania since 1936 for all cases, except murder and treason, if

21920-528: The second-largest city in Michigan also became an important center of manufacturing. Since 1838, the city has been noted for its furniture industry. In the 21st century, it is home to five of the world's leading office furniture companies. Grand Rapids is home to a number of major companies including Steelcase , Amway , and Meijer . Grand Rapids is also an important center for GE Aviation Systems . Michigan held its first United States presidential primary election in 1910. With its rapid growth in industry, it

22080-435: The shape of a mitten , and comprises a majority of the state's land area. The Upper Peninsula (often called "the U.P.") is separated from the Lower Peninsula by the Straits of Mackinac , a five-mile (8 km) channel that joins Lake Huron to Lake Michigan. The Mackinac Bridge connects the peninsulas. Michigan has the longest freshwater coastline of any political subdivision in the United States, being bordered by four of

22240-418: The socioeconomic life of the United States and much of the world. With the growth, the auto industry created jobs in Detroit that attracted immigrants from Europe and migrants from across the United States, including both blacks and whites from the rural South . By 1920, Detroit was the fourth-largest city in the U.S.. Residential housing was in short supply, and it took years for the market to catch up with

22400-888: The south and east, were the Mascouten , the Menominee , the Miami , the Sac (or Sauk), and the Meskwaki (Fox) . The Wyandot were an Iroquoian-speaking people in this area; they were historically known as the Huron by the French, and were the historical adversaries of the Iroquois Confederation . French voyageurs and coureurs des bois explored and settled in Michigan in the 17th century. The first Europeans to reach what became Michigan were those of Étienne Brûlé 's expedition in 1622. The first permanent European settlement

22560-419: The sovereign, or the ministers, were ever disappointed in the issue of a prosecution. Timid juries, and judges who held their offices during pleasure, never failed to second all the views of the crown. And as the practice was anciently common of fining, imprisoning, or otherwise punishing the jurors, merely at the discretion of the court, for finding a verdict contrary to the direction of these dependent judges; it

22720-596: The state, marked by highway signs and the Polar-Equator Trail— along a line including Mission Point Light near Traverse City , the towns of Gaylord and Alpena in the Lower Peninsula and Menominee in the Upper Peninsula. With the exception of two tiny areas drained by the Mississippi River by way of the Wisconsin River in the Upper Peninsula and by way of the Kankakee - Illinois River in

22880-526: The state. In Constance the jury trial was suppressed by decree of the Habsburg monarchy in 1786. The Frankfurt Constitution of the failed Revolutions of 1848 called for jury trials for "the more serious crimes and all political offenses", but was never implemented after the Frankfurt Parliament was dissolved by Württemberg dragoons . An 1873 draft on criminal procedure produced by

23040-547: The third and final play of his Oresteia trilogy. In the play, the innovation is brought about by the goddess Athena , who summons twelve citizens to sit as jury. The god Apollo takes part in the trial as the advocate for the defendant Orestes and the Furies as prosecutors for the slain Clytemnestra . In the event the jury is split six to six , Athena dictates that the verdict should henceforth be for acquittal. From

23200-527: The unreasonable detention of witnesses. Section seventeen protects a person against forced self-incrimination and provides for fair treatment during investigations and hearings. Section eighteen prohibits witnesses from being dismissed because of religious beliefs. Section nineteen provides the right to truth as a defense against defamation accusations. Section twenty provides for the rights of the accused during criminal proceedings. Section twenty-one prohibits imprisonment for debt, and section twenty-two provides for

23360-403: The vast majority of criminal cases are settled by plea bargain , which bypasses the jury trial. Some commentators contend that the guilty-plea system (and the high costs incurred in trials) unfairly coerces defendants into relinquishing their right to a jury trial. Others contend that there never was a golden age of jury trials, but rather that juries in the early nineteenth century (before

23520-598: The very southern portions of the state have tornado sirens to warn residents of approaching tornadoes. Farther north, in Central Michigan, Northern Michigan, and the Upper Peninsula, tornadoes are rare. The geological formation of the state is greatly varied, with the Michigan Basin being the most major formation. Primary boulders are found over the entire surface of the Upper Peninsula (being principally of primitive origin), while Secondary deposits cover

23680-512: The west, capped around by the Canadian province of Ontario to the north and east. The heavily forested Upper Peninsula is relatively mountainous in the west. The Porcupine Mountains , which are part of one of the oldest mountain chains in the world, rise to an altitude of almost 2,000 feet (610 m) above sea level and form the watershed between the streams flowing into Lake Superior and Lake Michigan. The surface on either side of this range

23840-445: The western part of the Upper Peninsula as a concession and formally entered the Union as a free state on January 26, 1837. The Upper Peninsula proved to be a rich source of lumber, iron, and copper. Michigan led the nation in lumber production from the 1850s to the 1880s. Railroads became a major engine of growth from the 1850s onward, with Detroit the chief hub . A second wave of French-Canadian immigrants settled in Michigan during

24000-432: The winter through the middle of February, the state is frequently subjected to heavy lake-effect snow . The state averages from 30 to 40 inches (76 to 102 cm) of precipitation annually; however, some areas in the northern lower peninsula and the upper peninsula average almost 160 inches (4,100 mm) of snowfall per year. Michigan's highest recorded temperature is 112 °F (44 °C) at Mio on July 13, 1936, and

24160-462: The year the stamp was first issued. A constitutional convention of assent was held to lead the territory to statehood. In October 1835 the people approved the constitution of 1835, thereby forming a state government. Congressional recognition was delayed pending resolution of a boundary dispute with Ohio known as the Toledo War . Congress awarded the "Toledo Strip" to Ohio. Michigan received

24320-549: Was an important center of industry-wide union organizing, such as the rise of the United Auto Workers . In 1920 WWJ (AM) in Detroit became the first radio station in the United States to regularly broadcast commercial programs. Throughout that decade, some of the country's largest and most ornate skyscrapers were built in the city. Particularly noteworthy are the Fisher Building , Cadillac Place , and

24480-660: Was approved by voters in 1963. On January 26, 1835, Acting Territorial Treaty and Military Officer/ Marshal of the Union Assigned to the Territory of the 1662-1776 State of the Union Stevens T. Mason issued an enabling act authorizing the people of Michigan to form a constitution and state government. The Michigan Territorial Council , the unicameral governing body of the Michigan Territory called

24640-578: Was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes. The first trials by civilian juries of 12 in the colony of New South Wales were held in 1824, following a decision of the NSW Supreme Court on 14 October 1824. The NSW Constitution Act of 1828 effectively terminated trial by jury for criminal matters. Jury trials for criminal matters revived with

24800-533: Was first introduced in the Rhenish provinces in 1798, with a court consisting most commonly of 12 citizens ( Bürger ). The system whereby citizens were tried by their peers chosen from the entire community in open court was gradually superseded by a system of professional judges in Germany, in which the process of investigation was more or less confidential and judgements were issued by judges appointed by

24960-418: Was formed in 1805, but some of the northern border with Canada was not agreed upon until after the War of 1812 . Michigan was admitted into the Union in 1837 as the 26th state, a free one . It soon became an important center of industry and trade in the Great Lakes region, attracting immigrants in the late 19th and early 20th centuries from many European countries . Immigrants from Finland , Macedonia , and

25120-438: Was founded in 1668 on the site where Père Jacques Marquette established Sault Ste. Marie, Michigan , as a base for Catholic missions. Missionaries in 1671–75 founded outlying stations at Saint Ignace and Marquette . Jesuit missionaries were well received by the area's Indian populations, with few difficulties or hostilities. In 1679, Robert Cavelier, Sieur de la Salle built Fort Miami at present-day St. Joseph . In 1691,

25280-577: Was founded in 1849, for the training of teachers. It was the fourth oldest normal school in the United States and the first U.S. normal school outside New England . In 1899, the Michigan State Normal School became the first normal school in the nation to offer a four-year curriculum. Michigan Agricultural College (1855), now Michigan State University in East Lansing , was founded as the first agricultural college in

25440-561: Was paid. Edward Bushel, a member of the jury, nonetheless refused to pay the fine. Bushel petitioned the Court of Common Pleas for a writ of habeas corpus . The ruling in the Bushel's Case was that a jury could not be punished simply on account of the verdict it returned. Many British colonies, including the United States , adopted the English common law system in which trial by jury

25600-501: Was the third-largest city in Quebec province. During the American Revolutionary War , Detroit was an important British supply center. Most of the inhabitants were French-Canadians or American Indians, many of whom had been allied with the French because of long trading ties. Because of imprecise cartography and unclear language defining the boundaries in the 1783 Treaty of Paris , the British retained control of Detroit and Michigan after

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