People v. Walker

In People v. Walker, 374 Mich. 331, 338, 132 N.W.2d 87 (1965), the Michigan Supreme Court held that when a defendant contends that statements that had been made were involuntary, the trial court must conduct a hearing outside the presence of the jury to determine the issue of voluntariness, at which the defendant may take the stand without waiving the right not to testify at trial. This right to a pretrial judicial determination of the voluntariness of a criminal defendant's statement derives from the prohibition in the Fifth Amendment of the United States Constitution against compelling a person in a criminal case to be a witness against himself; our Michigan counterpart is in Const 1963, art 1, 17.