Title 46, Criminal Justice

All orders for confinement pertain to confinement in a correctional facility in American Samoa; provided, that the court is authorized to establish other places, both within and outside American Samoa, for confinement or treatment of a particular person confined by virtue of the …

A defendant in a criminal case whose mental incompetence or insanity has been stipulated by the parties, or who has been found incompetent or insane under 46.1301 through 46.1310 and 46.3216, may, by stipulation of the parties and the permission of the court, be treated as an out…

Proceedings under 46.1301 through 46.1310 and 46.3216, are heard by the court which has jurisdiction over the charged criminal offense. History: 1979, PL 16-43 § 2.

It is the policy of this Territory that all persons selected for jury service be selected at random from a fair cross-section of the population of the area served by the court, and that all qualified nationals and U.S. citizens who are residents of this Territory have the opportu…

A national shall not be excluded from jury service in this Territory on account of race, color, religion, sex, national origin, economic status, or on account of a physical handicap except as provided in paragraph (3) of 46.1504. History: 1980, PL 16-70 § 1.

As used in this chapter: (a) “Clerk” and “Clerk of the Court” include any deputy clerk. (b) “Court” means the High Court and District Court of this Territory, and includes, when the context requires, any judge of the court. (c) “Jury wheel” means any physical device or electronic…

A prospective juror is disqualified to serve as a juror if he: (1) is not a National of the United States, 18 years old and a resident of the Territory: (2) is unable to read, speak, and understand the English or Samoan language; (3) is incapable, by reason of his physical or men…

No person shall sit as a juror in any case in which his relative by affinity or by consanguinity within the 3d degree is interested, either as a plaintiff or defendant, or in the issue of which the juror has, either directly or through such relative, any pecuniary interest. Histo…

A person may claim exemption from service as a juror if he is: (1) an attorney at law; (2) a head of an executive department, an elected official, or a judge of the United States or the Territory; (3) a minister or priest following his profession; (4) a practicing physician or de…

A juror shall not be excused by a court for slight or trivial cause, but only when it appears that jury duty would entail a serious personal hardship, or that for other good cause he should be excused either temporarily or otherwise. History: 1980, PL 16-70 § 1.

The pay of jurors shall be $10 for each half day, and $20 for each day of actual attendance at court, and in addition 20¢ for each mile actually and necessarily traveled in going only. The mileage fee may be allowed to a juror although, upon his request, he is excused from jury s…

At least once each month, the clerk shall certify the number of days each juror has attended court and the amount due to him. Each juror shall state on oath to the clerk the number of miles traveled for which he is entitled to mileage. History: 1980, PL 16-70 § 1.

A Jury Commission of 5 members is established to perform the duties prescribed by this chapter under the supervision and control of the court. The Jury Commission shall be composed of the Clerk of the Court and 4 Jury Commissioners appointed by the Chief Justice prior to 15 Janua…

(a) Not less than once each year the Jury Commission shall compile a master list. The master list shall consist of all voter registration lists for the Territory, which may be supplemented with names from other lists of persons resident therein such as lists of taxpayers and driv…

Not less than once each year the Jury Commission shall, by random selection, place in the master jury wheel the names of prospective jurors taken from the master list, in such number as the Jury Commission determines should be processed in order to provide the number of jurors re…

The Jury Commission shall prepare an alphabetical list of the names in the master jury wheel, which shall not be disclosed to any person other than pursuant to this chapter or specific order of the court. The Jury Commission shall mail to every name on such list a juror qualifica…

At the time of his appearance for jury service, or at the time of any interview before the court, Jury Commission, or clerk, any prospective juror may be required or permitted to fill out another juror qualification form in the presence of the court, Jury Commission, or clerk, at…

The jury commission may in its discretion, by court process, summon prospective jurors before it for examination. A person summoned for examination shall receive mileage as under 46.1508. History: 1980, PL 16-70 § 1.

Any person who willfully misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror is guilty of a class C misdemeanor. History: 1980, PL 16-70 § 1.

Upon return of the juror qualification forms, the jury commission shall, after careful investi-gation in each case, select for jury service all those persons whom it believes are qualified and not exempt; provided, that any person who is exempt may be selected if he waives his ex…

Every year the jury commission shall make and, not later than 5 January, file with the clerk of the court 1 or more certified lists of the names and addresses of 50 nationals, or such greater number as the court may order, subject to serve as jurors during the ensuing year from a…

(a) In the High Court, this section shall be applicable to the drawing of a trial jury and service thereon. (b) Not later than 15 January of each year, the clerk shall draw at random from the names on the certified list of trial jurors such number of trial jury panels as is deeme…

(a) When so ordered by the court, the clerk shall transmit to the Commissioner of Public Safety or Marshal the names of jurors to be summoned. The Commissioner of Public Safety or Marshal, either personally or through an authorized subordinate, shall summon the persons named to a…

If a person who is exempt or who believes himself to be entitled to be excused from jury duty, is summoned as a juror, he may, even though he did not request exemption or excuse previously, or was not exempted or excused by the jury commission, make his request for exemption or e…

Whenever a juror has been disqualified, exempted, or excused, that fact shall be noted on his juror qualification form, and he shall not be subject to service for the period of time commensurate with the nature and circumstances of his disqualification, exemption, or excuse. Hist…

The persons whose names are placed on the certified lists filed by the jury commission shall be subject to service for 1 year from and after 15 January and until the filing of new certified lists, provided, that jurors may sit beyond the end of the period above prescribed for the…

(a) Promptly after the moving party discovered or by the exercise of diligence could have discovered the grounds therefor, and in any event before the trial jury is sworn to try the case, a party may move to stay the proceedings, and in a criminal case for other appropriate relie…

All records and papers compiled and maintained by the jury commission or the clerk in connection with selection and service of jurors shall be preserved by the clerk in connection with selection and service of jurors shall be preserved by the clerk for 4 years after the terminati…

(a) An employer shall not deprive an employee of his employment, or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror, or attends court for prospective jury service. (b) Any employer who violates su…

Selections of citizens who are subject to jury duty and drawings of jury lists and panels may be made by means of electronic or electromechanical devices commonly designated as data processing equipment such as punch cards, electronic tape, random access files, and other solid st…

(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…

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”.

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…

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…

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) 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) 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) 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…

(a) Every person found guilty of an offense, whether defined in this title or in the American Samoa Code Annotated in accordance with the classifications in this chapter, shall be dealt with by the court in accordance with the provisions of this chapter, except that for offenses …

Whenever any person has been found guilty of a felony or a misdemeanor, the court shall make 1 or more of the following dispositions of the offender in any appropriate combination. The court may: (1) sentence the person to a term of imprisonment as authorized by 46.2301 et seq.; …

Whenever any person has been found guilty of an infraction, the court shall make 1 or the following dispositions of the offender in any appropriate combination. This court may: (1) sentence the person to pay a fine as authorized by 46.2 101 et seq.; (2) suspend the imposition of …

Whenever any organization has been found guilty of an offense, the court shall make 1 or more of the following dispositions of the organization in any appropriate combination. The court may: (1) sentence the organization to pay a fine as authorized by 46.2101 et seq.; (2) suspend…

This chapter is not to be construed to deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. An appropriate order exercising that authority may be includ…

(a) Felonies are classified for the purpose of sentencing into the following 4 categories: (1) class A felonies; (2) class B felonies; (3) class C felonies; (4) class D felonies. (b) Misdemeanors are classified for the purpose of sentencing into the following 3 categories: (1) cl…

(a) Any offense defined outside this title which is declared to be a misdemeanor without specification its penalty is a class A misdemeanor. (b) Any offense defined outside this title which is declared to be a felony without specification its penalty is a class D felony. (c) For …

(a) A probation officer shall, unless waived by the defendant, make a presentence investi-gation in all felony cases and report to the court before any authorized disposition under 46.1901 through 46.1905. In all other cases before the court, the probation officer shall, if direc…