The Committee on Model Criminal Jury Instructions solicits comment on the following proposal by Aug. 1, 2023. Comments may be sent in writing to Andrea Crumback, Reporter, Committee on Model Criminal Jury Instructions, Michigan Hall of Justice, P.O. Box 30052, Lansing, MI 48909-7604, or electronically to MCrimJI@courts.mi.gov.
PROPOSED
The committee proposes a new jury instruction, M Crim JI 37.1c (Using False Documents to Deceive Principal or Employer), for the crime found at MCL 750.125(3). The instruction is entirely new.
[NEW] M Crim JI 37.1c
Using False Documents to Deceive Principal or Employer
(1) The defendant is charged with the crime of using a false document(s) to deceive a principal or employer. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that [(identify agent or employee)/the defendant] was the agent or employee of [name principal or employer].
(3) Second, that the defendant
[Select (a) or (b)]1
(a) [gave/used] a [receipt/account/invoice/(describe other document)] concerning the business of [name principal or employer] to [identify agent or employee].
(b) [used/approved/certified] [a receipt/an account/an invoice/a (describe other document)] concerning the business of [name principal or employer].
(4) Third, that the [receipt/account/invoice/(describe other document)] contained a statement that [was materially false, erroneous, or defective/failed to fully state any commission, money, property, or other valuable item2 given to ([identify agent or employee]/the defendant) or agreed to be given to (him/her)].
(5) Fourth, that when the defendant [gave/used/approved/certified] the [receipt/account/invoice/(describe other document)], [he/she] intended to deceive [name principal or employer].
Use Note
1. Use “(a)” where it is alleged that the defendant gave a document to the agent/employee of the principal in order to deceive or cheat the principal. Use “(b)” where the defendant is an agent/employee of the principal and was the person who is alleged to have approved or used a document to deceive or cheat the employer/principal.
2. The court may identify the specific money or property in lieu of reading this entire
The Committee on Model Criminal Jury Instructions solicits comment on the following proposal by Aug. 1, 2023. Comments may be sent in writing to Andrea Crumback, Reporter, Committee on Model Criminal Jury Instructions, Michigan Hall of Justice, P.O. Box 30052, Lansing, MI 48909-7604, or electronically to MCrimJI@courts.mi.gov.
PROPOSED
The committee proposes a new jury instruction, M Crim JI 40.4 (Furnishing Alcohol to a Minor), for the crime found at MCL 436.1701. The instruction is entirely new.
[NEW] M Crim JI 40.4
Furnishing Alcohol to a Minor
(1) Defendant is charged with the crime of selling or furnishing alcohol to a minor. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant knowingly sold or furnished1 alcohol to [name minor complainant].
(3) Second, that [name minor complainant] was under 21 years of age.
(4) Third, that when defendant sold or furnished the alcohol, the defendant knew or should have known that [name minor complainant] was under 21 years of age or failed to make a diligent effort2 to determine whether [name minor complainant] was under 21 years of age by inspecting [name minor complainant]’s pictured identification.
[Where the aggravating element has been charged under MCL 436.1701(2):]
(5) Fourth, that the consumption of the alcohol obtained by [name minor complainant] was a direct and substantial cause of [(name minor complainant)’s death/an accidental injury that caused (name minor complainant)’s death].
Use Note
1. People v. Neumann, 85 Mich 98, 102; 48 NW 290 (1891), provided a definition of furnishing: “letting a minor have liquor.”
2. Diligent inquiry is further defined in MCL 436.1701(11)(b).
ADOPTED
The Committee on Model Criminal Jury Instructions has adopted the following amended and combined model criminal jury instructions, M Crim JI 7.16 and 7.19, addressing conditions for the use of force or deadly force in self-defense or the defense of others in different contexts. The combination and amendment are aimed at reducing confusion in the use of the self-defense instructions involving the duty to retreat. This amended instruction is effective May 1, 2023.
M Crim JI 7.16
Conditions for Using Force or Deadly Force
[Select from the following depending on the evidence and circumstances:]
(1) A person can use [force/deadly force] in self-defense only where it is necessary to do so. If the defendant could have safely retreated but did not do so, you may consider that fact in deciding whether the defendant honestly and reasonably believed [he/she] needed to use [force/deadly force] in self-defense.1
[or]
(1) A defendant who [assaults someone else with fists or a weapon that is not deadly/insults someone with words/trespasses on someone else’s property/tries to take someone else’s property in a nonviolent way] does not lose all right to self-defense. If someone else assaults [him/her] with deadly force, the defendant may act in self-defense but only if [he/she] retreated where it would have been safe to do so.1
(2) However,1 a person is never required to retreat under some circumstances. [He/She] does not need to retreat if [attacked in (his/her) own home/(he/she) reasonably believes that an attacker is about to use a deadly weapon/(he/she) is subjected to a sudden, fierce, and violent attack].2
(3) Further, a person is not required to retreat if he or she
(a) has not or is not engaged in the commission of a crime at the time the [force/deadly force] is used,
(b) has a legal right to be where he or she is at that time, and
[Select from the following according to whether the defendant used deadly force or nondeadly force:]
(c) has an honest and reasonable belief that the use of deadly force is necessary to prevent imminent [death/great bodily harm/sexual assault] of [himself/herself] or another person.
[or]
(c) has an honest and reasonable belief that the use of force is necessary to prevent the imminent unlawful use of force of against [himself/herself] or another person.
Use Note
Use this instruction when requested where some evidence of self-defense has been introduced or elicited. Where there is evidence that, at the time that the defendant used force or deadly force, he or she was engaged in the commission of some other crime, the Committee on Model Criminal Jury Instructions believes that circumstances of the case may provide the court with a basis to instruct the jury that the defendant does not lose the right to self-defense if the commission of that other offense was not likely to lead to the other person’s assaultive behavior. See People v. Townes, 391 Mich 578, 593; 218 NW2d 136 (1974). The committee expresses no opinion regarding the availability of self-defense where the other offense may lead to assaultive behavior by another.
1. Paragraph (1) and “However” should be given only if there is a dispute whether the defendant had a duty to retreat. See People v. Richardson, 490 Mich 115; 803 NW2d 302 (2011).
2. The court may read whatever alternatives may apply or adapt them to other circumstances according to the evidence presented at trial.
M Crim JI 7.19
Nondeadly Aggressor Assaulted with Deadly Force[combined with M Crim JI 7.16 in May 2023]
The Committee on Model Criminal Jury Instructions has adopted the following new model criminal jury instructions, M Crim JI 37.1b (Offering Commission, Gift, or Gratuity to Agent or Employee) and M Crim JI 37.2b (Accepting Commission, Gift, or Gratuity by Agent or Employee), for violations of MCL 750.125(1) and (2), respectively. These instructions are effective May 1, 2023.
[NEW] M Crim JI 37.1b
Offering Commission, Gift, or Gratuity to Agent or Employee
(1) The defendant is charged with the crime of offering or promising a commission, gift, or gratuity to an agent or employee to influence how the agent or employee performs the employer’s business. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that [identify agent or employee] was the agent or employee of [name principal or employer].
(3) Second, that the defendant
[Select (a) or (b)]
(a) [gave/offered or promised] a [commission/gift/gratuity] to [identify agent or employee].
(b) offered to or promised that [he/she] would perform some act that would benefit [identify agent or employee] or another person.
(4) Third, that when the defendant [(gave/offered or promised) a (commission/gift/gratuity) to (identify agent or employee)/offered to or promised that (he/she) would perform some act or offer to perform some act that would benefit (identify proposed donor) or another person], the defendant did so with the intent to influence [identify agent or employee]’s actions regarding [name principal or employer]’s business.
[NEW] M Crim JI 37.2b
Accepting Commission, Gift, or Gratuity by Agent or Employee
(1) The defendant is charged with the crime of requesting or accepting a commission, gift, or gratuity as an agent or employee to perform [his/her] employer’s business according to an agreement with some other person. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant was the agent or employee of [name principal or employer].
(3) Second, that the defendant
[Select (a), (b), or (c)]
( a) [requested/accepted] a [commission/gift/gratuity] from [identify proposed donor] for [himself/herself] or another person.
(b) [requested/accepted] a promise of a [commission/gift/gratuity] from [identify proposed donor] for [himself/herself] or another person.
(c) [requested/accepted] that [identify proposed donor] would perform some act or offer to perform some act that would benefit [himself/herself] or another person.
(4) Third, that when the defendant [requested/accepted] [(the commission/the gift/the gratuity) from (identify proposed donor)/the promise of a (commission/gift/gratuity) from (identify proposed donor)/that (identify proposed donor) would perform some act or offer to perform some act that would benefit the defendant or another person], the defendant did so agreeing or understanding with [identify proposed donor] that [he/she] would [describe conduct agreed on between the defendant and the donor] regarding [name principal or employer]’s business.
The Committee on Model Criminal Jury Instructions has adopted the following new model criminal jury instruction, M Crim JI 40.5 (Public Intoxication), for the offense found in the disorderly persons statute at MCL 750.167(c). The instruction is effective May 1, 2023.
[NEW] M Crim JI 40.5
Public Intoxication
(1) The defendant is charged with the crime of being intoxicated in public and causing a disturbance or endangering persons or property. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant was in a place open to the public, [state location].
(3) Second, that the defendant was intoxicated. A person is intoxicated when he or she is mentally or physically impaired as a result of consuming an intoxicating substance, such as an alcoholic beverage or other substances.1
(4) Third, that the defendant [directly endangered the safety of another person or property/disrupted the peace and quiet of other persons/interfered with the ability of other persons to perform actions or duties permitted by law].2
Use Notes
See People v. Mash, 45 Mich App 459; 206 NW2d 767 (1973), and People v. Weinberg, 6 Mich App 345; 149 NW2d 248 (1967), for public disturbance language.
1. The court may provide other examples where appropriate.
2. The court may read any of the alternatives that apply to the prosecutor’s theory of the case that are supported by the evidence.
The committee has adopted a new jury instruction, M Crim JI 41.2 (Using a Device to Eavesdrop on a Private Conversation) for the crime found at MCL 750.539c. The instruction is effective May 1, 2023.
[NEW] M Crim JI 41.2
Using a Device to Eavesdrop on a Private Conversation
(1) The defendant is charged with the crime of using a device to eavesdrop on a private conversation. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that [identify complainants] were having a private conversation where the defendant was not a participant.
(3) Second, that the defendant intentionally [used a device/knowingly aided another person in using a device/knowingly employed or procured another person to use a device] to overhear, record, amplify, or transmit any part of the private conversation between [identify complainants].
(4) Third, that the defendant did not have the consent of all persons who were part of the private conversation to overhear, record, amplify, or transmit the conversation.