Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.1801 Designation of prosecutor-Filing complaint
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(a) The pulenuu of each village, or his designee, shall serve as prosecutor before the court for the village, except that when the pulenuu is to be a witness, he shall designate another person as prosecutor. (b) When a pulenuu has evidence that a village regulation has been viola…
A.S.C.A. § 46.1802 Sentence for plea of guilty
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If an accused pleads guilty on arraignment before a village court, the court may find the accused guilty and sentence the accused as provided in 46.1806. History: 1969, PL 11-54; and 1979, PL 16-52 § 5. Amendments: 1979 Substituted “village court” for “district court”.
A.S.C.A. § 46.1803 Plea of not guilty-Trial
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If the accused pleads not guilty, he may be found guilty only after a trial before the village court. Trials shall be open to the public, and no trial may be held sooner than seven days after the accused has been served with a copy of the complaint. History: 1969, PL 11-54; and 1…
A.S.C.A. § 46.1804 Rights of accused
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An accused shall have the right to: (1) request and receive any time necessary to consult with counsel and to prepare his defense; (2) be represented by the counsel of his choice at arraignment and trial; (3) be present during the trial and to cross-examine witnesses presented ag…
A.S.C.A. § 46.1805 Admissible evidence
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The court shall consider only the evidence presented before it under oath or stipulated to; no other written statements of witnesses or other hearsay may be presented. History: 1969, PL 11-54.
A.S.C.A. § 46.1806 Sentencing-Suspensions
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(a) If a village court finds an accused guilty it may sentence the accused to the penalty provided in the village regulations. If permitted by the village regulations, the village court, upon conviction, may impose a fine not to exceed $100 or may require the accused to perform l…
A.S.C.A. § 46.1807 Failure to appear or perform sentence
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(a) If an accused fails to appear in village court as summoned, or appears but fails to perform a sentence, the court shall refer the matter to the district court of American Samoa. (b) Upon referral to the matter, the judge shall issue an order requiring the accused to appear at…
A.S.C.A. § 46.1808 Retrial de novo-District court
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(a) Any accused who is found guilty by a village court shall be informed by the court of his right to have his case retried de novo before the district court of American Samoa; provided, he requests such a retrial within 10 days of the pronouncement of judgment. (b) If the accuse…