Island of Guam - Revision history

IBJadmin: /* Rights of the Accused */

2025-02-27T14:48:01Z

Rights of the Accused

← Older revision		Revision as of 16:48, 27 February 2025
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	<li> '' Right to habeas corpus: '' Section 1421b(l) protects the privilege of the writ of habeas corpus, but reserves the right to withdraw this privilege in the case of rebellion or invasion, or imminent danger thereof, if it is in the interests of public safety. The writ of habeas corpus is also codified in s 135.10 of the G.C.~~Aliv~~, which states ‘Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint’. Chapter 135 of Title 8 contains the legal framework for the operation of habeas corpus in Guam.		<li> '' Right to habeas corpus: '' Section 1421b(l) protects the privilege of the writ of habeas corpus, but reserves the right to withdraw this privilege in the case of rebellion or invasion, or imminent danger thereof, if it is in the interests of public safety. The writ of habeas corpus is also codified in s 135.10 of the G.C.A, which states ‘Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint’. Chapter 135 of Title 8 contains the legal framework for the operation of habeas corpus in Guam.


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	<li> '' Right to non self-incrimination: '' the Fifth Amendment to the United States Constitution provides that ‘[n]o person…shall be compelled in any criminal case to be a witness against himself’. Section 1.11 of Title ~~8lix~~ entitles the defendant to testify on his or her own behalf, and clarifies that failing to do so can not be construed as evidence against themselves. The U.S Supreme Court case of Miranda v Arizona is applicable in Guam, and prohibits the use of a defendant’s silence while in custody to be used as evidence of guilt. To do so would be a violation of the Fifth Amendment. This principle also extends to a defendant’s pre-custodial silence.		<li> '' Right to non self-incrimination: '' the Fifth Amendment to the United States Constitution provides that ‘[n]o person…shall be compelled in any criminal case to be a witness against himself’. Section 1.11 of Title 8 entitles the defendant to testify on his or her own behalf, and clarifies that failing to do so can not be construed as evidence against themselves. The U.S Supreme Court case of Miranda v Arizona is applicable in Guam, and prohibits the use of a defendant’s silence while in custody to be used as evidence of guilt. To do so would be a violation of the Fifth Amendment. This principle also extends to a defendant’s pre-custodial silence.

IBJadmin: /* Rights of the Accused */

2025-02-27T14:44:51Z

Rights of the Accused

← Older revision		Revision as of 16:44, 27 February 2025
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	<ul><li>Freedom from prolonged pre-trial detention: Section 1421b(e) of the Organic Act protects defendants from the deprivation of life, liberty or property without due process of law. These provisions mirror s 1 of Amendment 14 of the U.S. Constitution, which is also applicable in Guamli. Pre-Hearing detention is allowed only when necessary to ensure the safety of the inmate or security of the Department. The length of this detention is capped at 120 hours, unless a Disciplinary Hearing Officer or the Disciplinary Hearing Board approves a continuance.		<ul><li>''Freedom from prolonged pre-trial detention:'' Section 1421b(e) of the Organic Act protects defendants from the deprivation of life, liberty or property without due process of law. These provisions mirror s 1 of Amendment 14 of the U.S. Constitution, which is also applicable in Guamli. Pre-Hearing detention is allowed only when necessary to ensure the safety of the inmate or security of the Department. The length of this detention is capped at 120 hours, unless a Disciplinary Hearing Officer or the Disciplinary Hearing Board approves a continuance.



	<li>Freedom from punishment: Section 1421b(e) of the Organic Act protects defendants from cruel and unusual punishment. This reflects Amendment 8 of the U.S. Constitution, which is applicable in Guam.		<li>''Freedom from punishment:'' Section 1421b(e) of the Organic Act protects defendants from cruel and unusual punishment. This reflects Amendment 8 of the U.S. Constitution, which is applicable in Guam.



	<li>Right to counsel: Section 1421b(g) of the Organic Act protects the right of the accused to have the assistance of counsel for their defence. In accordance with s 1.11 (b), defendants are entitled to defend in person and with counsel. Every defendant unable to afford counsel has counsel assigned by the court at public expense, and at each stage of proceedings, from initial appearance onward.		<li> '' Right to counsel: '' Section 1421b(g) of the Organic Act protects the right of the accused to have the assistance of counsel for their defence. In accordance with s 1.11 (b), defendants are entitled to defend in person and with counsel. Every defendant unable to afford counsel has counsel assigned by the court at public expense, and at each stage of proceedings, from initial appearance onward.



	<li>Right to habeas corpus: Section 1421b(l) protects the privilege of the writ of habeas corpus, but reserves the right to withdraw this privilege in the case of rebellion or invasion, or imminent danger thereof, if it is in the interests of public safety. The writ of habeas corpus is also codified in s 135.10 of the G.C.Aliv, which states ‘Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint’. Chapter 135 of Title 8 contains the legal framework for the operation of habeas corpus in Guam.		<li> '' Right to habeas corpus: '' Section 1421b(l) protects the privilege of the writ of habeas corpus, but reserves the right to withdraw this privilege in the case of rebellion or invasion, or imminent danger thereof, if it is in the interests of public safety. The writ of habeas corpus is also codified in s 135.10 of the G.C.Aliv, which states ‘Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint’. Chapter 135 of Title 8 contains the legal framework for the operation of habeas corpus in Guam.



	<li>Right to medical care: Section 90.49(b), Title 9 of the G.C.Alv, states specifically that funds in the Corrections Revolving Fund may be used to provide medical, dental and pharmaceutical supplies for prisoners and detainees, including off-island prison or medical institutions. The Attorney General of Guam has released a memorandum clarifying that the legislative intent of this section is to pay for medical treatment for inmates and pre-trial detainees.		<li> '' Right to medical care: '' Section 90.49(b), Title 9 of the G.C.Alv, states specifically that funds in the Corrections Revolving Fund may be used to provide medical, dental and pharmaceutical supplies for prisoners and detainees, including off-island prison or medical institutions. The Attorney General of Guam has released a memorandum clarifying that the legislative intent of this section is to pay for medical treatment for inmates and pre-trial detainees.



	<li>Right to a fair trial: the prohibition against deprivation of life, liberty or property without due process of law is held in the s 1421(e) of the Organic Act. This also reflects Amendment 19, s. 1 to the U.S. Constitution, which is also applicable in Guam.		<li> '' Right to a fair trial: '' the prohibition against deprivation of life, liberty or property without due process of law is held in the s 1421(e) of the Organic Act. This also reflects Amendment 19, s. 1 to the U.S. Constitution, which is also applicable in Guam.



	<li>Right to notice of charges: In all criminal prosecutions the accused has the right to be informed of the nature and cause of the accusation and to have a copy thereof. This right is codified in 1421b(g) of the Organic Act and s 1.11 of Title 8 of the G.C.A.		<li> '' Right to notice of charges: '' In all criminal prosecutions the accused has the right to be informed of the nature and cause of the accusation and to have a copy thereof. This right is codified in 1421b(g) of the Organic Act and s 1.11 of Title 8 of the G.C.A.



	<li>Right to non self-incrimination: the Fifth Amendment to the United States Constitution provides that ‘[n]o person…shall be compelled in any criminal case to be a witness against himself’. Section 1.11 of Title 8lix entitles the defendant to testify on his or her own behalf, and clarifies that failing to do so can not be construed as evidence against themselves. The U.S Supreme Court case of Miranda v Arizona is applicable in Guam, and prohibits the use of a defendant’s silence while in custody to be used as evidence of guilt. To do so would be a violation of the Fifth Amendment. This principle also extends to a defendant’s pre-custodial silence.		<li> '' Right to non self-incrimination: '' the Fifth Amendment to the United States Constitution provides that ‘[n]o person…shall be compelled in any criminal case to be a witness against himself’. Section 1.11 of Title 8lix entitles the defendant to testify on his or her own behalf, and clarifies that failing to do so can not be construed as evidence against themselves. The U.S Supreme Court case of Miranda v Arizona is applicable in Guam, and prohibits the use of a defendant’s silence while in custody to be used as evidence of guilt. To do so would be a violation of the Fifth Amendment. This principle also extends to a defendant’s pre-custodial silence.



	<li>Right to a speedy trial: Section 1421b(g) protects the right of the accused to a speedy and public trial. These provisions mirror Amendment 6 of the U.S. Constitution, which is also applicable in Guam. Section 1.11 also reinforces the rights of the defendant to a speedy and public trial.		<li> '' Right to a speedy trial: '' Section 1421b(g) protects the right of the accused to a speedy and public trial. These provisions mirror Amendment 6 of the U.S. Constitution, which is also applicable in Guam. Section 1.11 also reinforces the rights of the defendant to a speedy and public trial.



	<li>Right to a trial by jury: The Organic Act is silent on this matter, however, by virtue of 1421b(u), the Sixth Amendment to the US Constitution rights are applicable in Guam. This states that ‘in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury’. Chapter 50 of Title 8, G.C.A governs the rules of procedure for grand juries.		<li> '' Right to a trial by jury: '' The Organic Act is silent on this matter, however, by virtue of 1421b(u), the Sixth Amendment to the US Constitution rights are applicable in Guam. This states that ‘in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury’. Chapter 50 of Title 8, G.C.A governs the rules of procedure for grand juries.



	<li>Right to impartial judge: Section 6105 of Title 7 of G.C.A states that any judge is to disqualify himself or herself in any proceeding in which his or her impartiality might reasonably be questioned. However, following complete disclosure to all parties involved in proceedings of the reasons for disqualification. If all parties agree, the judge need not disqualify him or herself. Subsection (b) sets out further circumstances in which the judge may need to disqualify him or herself, or seek consent from parties to continue to hear the matter.		<li> '' Right to impartial judge: '' Section 6105 of Title 7 of G.C.A states that any judge is to disqualify himself or herself in any proceeding in which his or her impartiality might reasonably be questioned. However, following complete disclosure to all parties involved in proceedings of the reasons for disqualification. If all parties agree, the judge need not disqualify him or herself. Subsection (b) sets out further circumstances in which the judge may need to disqualify him or herself, or seek consent from parties to continue to hear the matter.



	<li>Right to appeal: The defendants right to appeal in any criminal action is enshrined in s 1.11(h) of Title 8. The rules of appeals are codified in Chapter 130 of Title 8, G.C.A. This states that appeals are allowed in all criminal actions in which the offence charged is not a violation. An appeal by the defendant is allowed from a final judgment of conviction, from an order denying a motion for a new trial, from any order made after judgment that affects the substantial rights of the defendant and pursuant to s 40.80 (appeal of an order affecting a conditional release). Section 130.15(e) also allows a defendant to appeal a judgment of conviction upon a plea of guilty or nolo contendere where the defendant has filed a sworn statement showing reasonable constitutional, jurisdictional or other grounds going to the legality of the proceedings under s 65.15(c)(motion to suppress evidence), and the trial court has executed and filed a certificate of probable cause for such an appeal with the District Court. This subsection was added when the right to review questions raised by s 65.15 before trial was removed. It was intended to permit a defendant to appeal a plea of guilty or ‘nolo’ that was based on the refusal of the court to grant a prior motion to suppress evidence. </ul>		<li> '' Right to appeal: '' The defendants right to appeal in any criminal action is enshrined in s 1.11(h) of Title 8. The rules of appeals are codified in Chapter 130 of Title 8, G.C.A. This states that appeals are allowed in all criminal actions in which the offence charged is not a violation. An appeal by the defendant is allowed from a final judgment of conviction, from an order denying a motion for a new trial, from any order made after judgment that affects the substantial rights of the defendant and pursuant to s 40.80 (appeal of an order affecting a conditional release). Section 130.15(e) also allows a defendant to appeal a judgment of conviction upon a plea of guilty or nolo contendere where the defendant has filed a sworn statement showing reasonable constitutional, jurisdictional or other grounds going to the legality of the proceedings under s 65.15(c)(motion to suppress evidence), and the trial court has executed and filed a certificate of probable cause for such an appeal with the District Court. This subsection was added when the right to review questions raised by s 65.15 before trial was removed. It was intended to permit a defendant to appeal a plea of guilty or ‘nolo’ that was based on the refusal of the court to grant a prior motion to suppress evidence. </ul>
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IBJadmin: /* Source of Defendants Rights */

2025-02-27T14:43:34Z

Source of Defendants Rights

← Older revision		Revision as of 16:43, 27 February 2025
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	<li>''International Covenant on Civil and Political Rights (ICCPR):''		<li>''International Covenant on Civil and Political Rights (ICCPR):''

	As an unincorporated territory of the U.S., the international sources of defendant’s rights applicable in the U.S. apply equally to Guam. The U.S. is a signatory to the ICCPR, but not to the first or second optional protocol. The second optional protocol is aimed at abolition of the death penalty, however, Guam’s laws do not provide for the death ~~penaltyxviii~~. Article 9, 14 and 15 of the ICCPR affords various protections to defendants involved in arrest and proceedings before a court or tribunal. </ul>		As an unincorporated territory of the U.S., the international sources of defendant’s rights applicable in the U.S. apply equally to Guam. The U.S. is a signatory to the ICCPR, but not to the first or second optional protocol. The second optional protocol is aimed at abolition of the death penalty, however, Guam’s laws do not provide for the death penalty. Article 9, 14 and 15 of the ICCPR affords various protections to defendants involved in arrest and proceedings before a court or tribunal. </ul>
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IBJadmin: /* Rights of the Accused */

2025-02-27T14:43:04Z

Rights of the Accused

← Older revision		Revision as of 16:43, 27 February 2025
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	<li>'''Ex Post Facto punishment:''' Article 1, s 9 cl. 3 of the U.S. Constitution forbids Congress from passing any ex post facto law, which is applicable in Guam. The Organic Act also provides that no ex post facto law shall be enacted in s 1421b(j) Bill of Rights. The U.S. Supreme Court has defined ex post facto as ‘every law that changes the punishment, and inflicts a greater punishment, then the law annexed to the crime, when ~~committed’xlix~~. The Supreme Court clarified in Gilbert v Petersl that only measures which are both retroactive and punitive constitute ex post facto.		<li>'''Ex Post Facto punishment:''' Article 1, s 9 cl. 3 of the U.S. Constitution forbids Congress from passing any ex post facto law, which is applicable in Guam. The Organic Act also provides that no ex post facto law shall be enacted in s 1421b(j) Bill of Rights. The U.S. Supreme Court has defined ex post facto as ‘every law that changes the punishment, and inflicts a greater punishment, then the law annexed to the crime, when committed’. The Supreme Court clarified in Gilbert v Petersl that only measures which are both retroactive and punitive constitute ex post facto.
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IBJadmin: /* Rights in Prison */

2025-02-27T14:42:41Z

Rights in Prison

← Older revision		Revision as of 16:42, 27 February 2025
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	<li>'''Right to medical care in prison:''' Inmates have the right to medical and dental treatment. Section 90.49(b) of the G.C.~~Alxx~~ states specifically that fund in the Corrections Revolving Fund may be used to provide medical, dental and pharmaceutical supplies for prisoners and detainees, including off-island prison or medical institutions. The Attorney General of Guam has released a memorandum clarifying that the legislative intent of this section is to pay for medical treatment for inmates. The Attorney General further stated that these funds may also be used for the medical and dental treatment of pre-trial detainees.		<li>'''Right to medical care in prison:''' Inmates have the right to medical and dental treatment. Section 90.49(b) of the G.C.A states specifically that fund in the Corrections Revolving Fund may be used to provide medical, dental and pharmaceutical supplies for prisoners and detainees, including off-island prison or medical institutions. The Attorney General of Guam has released a memorandum clarifying that the legislative intent of this section is to pay for medical treatment for inmates. The Attorney General further stated that these funds may also be used for the medical and dental treatment of pre-trial detainees.

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IBJadmin: /* Court Procedures */

2025-02-27T14:42:27Z

Court Procedures

← Older revision		Revision as of 16:42, 27 February 2025
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	<li>Lawyers: Lawyers conduct is governed by the Guam Rules of Professional ~~Conductlxxxvii~~, adopted from the 2002 American Bar Association Model Rules of Professional Conduct)		<li>Lawyers: Lawyers conduct is governed by the Guam Rules of Professional Conduct, adopted from the 2002 American Bar Association Model Rules of Professional Conduct)



	<li>Expert Witnesses: The court may appoint expert witnesses, and order parties to show cause why an expert witness should not be appointed. The court may appoint any witness agreed upon by parties or may appoint a witness of its own ~~selectionlxxxviii~~.		<li>Expert Witnesses: The court may appoint expert witnesses, and order parties to show cause why an expert witness should not be appointed. The court may appoint any witness agreed upon by parties or may appoint a witness of its own selectionl.

IBJadmin: /* Court Procedures */

2025-02-27T14:42:07Z

Court Procedures

← Older revision		Revision as of 16:42, 27 February 2025
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	<li>''Charging Instrument:'' the Fifth Amendment to the US Constitution, which is applicable in ~~Guamlxxviii~~, states that ‘[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Mlitia when in actual service in time of War or public danger’. However, the annotations to s 1.15 of Title 8, G.C.A states that ‘[t]he Elected Governor Act , which extended the 5th Amendment of the U.S. Constitution to the territorial government of Guam, did not make grand jury indictments mandatory in the prosecution of “ infamous crimes” by the territorial government’. As such, s 1.15 requires that any felony together with any related misdemeanour is to be prosecuted by indictment. If this right is waived, a preliminary hearing is to be held and an order issued requiring the defendant to answer under s 45.80 Title 8 G.C.A. In this instance, the defendant may be prosecuted by indictment of information. All other offences are to be prosecuted by complaint.		<li>''Charging Instrument:'' the Fifth Amendment to the US Constitution, which is applicable in Guaml, states that ‘[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Mlitia when in actual service in time of War or public danger’. However, the annotations to s 1.15 of Title 8, G.C.A states that ‘[t]he Elected Governor Act , which extended the 5th Amendment of the U.S. Constitution to the territorial government of Guam, did not make grand jury indictments mandatory in the prosecution of “ infamous crimes” by the territorial government’. As such, s 1.15 requires that any felony together with any related misdemeanour is to be prosecuted by indictment. If this right is waived, a preliminary hearing is to be held and an order issued requiring the defendant to answer under s 45.80 Title 8 G.C.A. In this instance, the defendant may be prosecuted by indictment of information. All other offences are to be prosecuted by complaint.


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	==Rights in Prison==		==Rights in Prison==

IBJadmin: /* Pre-Trial Procedure */

2025-02-27T14:41:56Z

Pre-Trial Procedure

← Older revision		Revision as of 16:41, 27 February 2025
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	<li>''Pre-trial detention:''		<li>''Pre-trial detention:''

	Pre-trial detention is permitted in circumstances which reasonably indicate that the person to be detained has committed, is committing or is about to commit a criminal offence. This detention must be only for the purpose of ascertaining the identity of the person detained and the surrounding circumstances of the offence in question. The detainee cannot be compelled to answer any ~~inquiryxxvi~~. No detainee is to be held longer than reasonably necessary, and in any event, no longer than fifteen minutes, and is not to be extended beyond where it is first effected or in the immediate vicinity thereof. If, after inquiry into the circumstances, there is no probable cause for arrest of the detainee, they must be released. Chapter 25 of Title 8, G.C.A, governs release where a person is arrested without a warrant and does not demand to be taken before a judge. In this instance, release is at the discretion of the arresting officer. The arresting officer is to consider relevant factors when deciding whether to release the person. This includes risk of immediate harm and failure to appear where required		Pre-trial detention is permitted in circumstances which reasonably indicate that the person to be detained has committed, is committing or is about to commit a criminal offence. This detention must be only for the purpose of ascertaining the identity of the person detained and the surrounding circumstances of the offence in question. The detainee cannot be compelled to answer any inquiry. No detainee is to be held longer than reasonably necessary, and in any event, no longer than fifteen minutes, and is not to be extended beyond where it is first effected or in the immediate vicinity thereof. If, after inquiry into the circumstances, there is no probable cause for arrest of the detainee, they must be released. Chapter 25 of Title 8, G.C.A, governs release where a person is arrested without a warrant and does not demand to be taken before a judge. In this instance, release is at the discretion of the arresting officer. The arresting officer is to consider relevant factors when deciding whether to release the person. This includes risk of immediate harm and failure to appear where required

IBJadmin at 13:36, 24 February 2025

2025-02-24T13:36:04Z

← Older revision		Revision as of 15:36, 24 February 2025
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	\|-		\|-
	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Island of Guam </h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Island of Guam </h2>
	* ~~Constitution of Island of~~ Guam <ref>~~hhttps~~://~~www~~.~~constituteproject~~.~~org~~/~~constitution~~/~~Hungary_2016~~		* 2023 Guam Statutes <ref>https://law.justia.com/codes/guam/title-1/
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IBJadmin: /* Rights in Prison */

2025-02-24T13:29:34Z

Rights in Prison

← Older revision		Revision as of 15:29, 24 February 2025
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	<li>'''Right to medical care in prison:''' Inmates have the right to medical and dental ~~treatmentlxix~~. Section 90.49(b) of the G.C.Alxx states specifically that fund in the Corrections Revolving Fund may be used to provide medical, dental and pharmaceutical supplies for prisoners and detainees, including off-island prison or medical institutions. The Attorney General of Guam has released a memorandum clarifying that the legislative intent of this section is to pay for medical treatment for inmates. The Attorney General further stated that these funds may also be used for the medical and dental treatment of pre-trial detainees.		<li>'''Right to medical care in prison:''' Inmates have the right to medical and dental treatment. Section 90.49(b) of the G.C.Alxx states specifically that fund in the Corrections Revolving Fund may be used to provide medical, dental and pharmaceutical supplies for prisoners and detainees, including off-island prison or medical institutions. The Attorney General of Guam has released a memorandum clarifying that the legislative intent of this section is to pay for medical treatment for inmates. The Attorney General further stated that these funds may also be used for the medical and dental treatment of pre-trial detainees.

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	<li>'''Restriction of rights:''' Rights set out in s 1302 apply to the extent that they are inconsistent with statutory or case ~~lawlxxiii~~. Restrictions on rights may be imposed as a disciplinary measure when there has been a repetition of prohibited acts. Sanctions include recommendations against parole, segregation, removal from programs or group activities, loss of privileges or jobs, impounding or confiscating personal property, restricting movements of the inmate to their cell for a maximum period of 48 hrs and reprimanding the inmate.		<li>'''Restriction of rights:''' Rights set out in s 1302 apply to the extent that they are inconsistent with statutory or case law. Restrictions on rights may be imposed as a disciplinary measure when there has been a repetition of prohibited acts. Sanctions include recommendations against parole, segregation, removal from programs or group activities, loss of privileges or jobs, impounding or confiscating personal property, restricting movements of the inmate to their cell for a maximum period of 48 hrs and reprimanding the inmate.

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	==Resources==		==Resources==