Legal Opinion · Dissent

People v. Courts

Michigan Court of Appeals

Decided August 23, 1976No. Docket No. 23500Published

1DissentT. M. Burns, P. J.

I respectfully dissent.

In this case the defendant was penalized by the trial court for exercising his Sixth Amendment *670right to trial and his Fifth Amendment right of freedom from self-incrimination.

Under the procedures followed in the district court a defendant who pleads guilty to operating a motor vehicle without a certificate of registration pays a $15 fine. That is the only penalty he can receive. A defendant charged with the same offense who elects to exercise his constitutional right to a trial is subject to a penalty of 90 days in jail, a $100 fine and hundreds of dollars in costs. The…

2Cases cited3 opinions

  1. United States v. JacksonSupreme Court of the United States · 1968
  2. Spillers v. StateNevada Supreme Court · 1968
  3. Voyles v. ThorneycroftDistrict Court, D. Arizona · 1975

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