Title 8, Criminal Procedure

Negation of Defense; Affirmative Defense. (a) No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. (b) Subsection (a) does not require negating a defense (1) by allegation in the indictment, information or complaint, or …

(a) Reasonable doubt is defined as follows: AIt is not a mere possible doubt because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and considerat…

When it appears that the defendant has committed an offense, and there is reasonable ground of doubt in which of two (2) or more degrees he is guilty, he can be convicted of the lowest of such degrees only. NOTE: Section 90.25 is substantively the same as former § 1097. See also …

When there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of an included offense, the court shall charge the jury with respect to the included offense. COURT DECISIONS: D.C. Guam App. Div. People v. Grajo, DCA 86-00002 (1987) …

When the court determines that it is appropriate to take evidence outside the courtroom, the court may be convened at another location for the limited purpose of taking such evidence. COL120106 NOTE: Section 90.29 replaces and expands former § 1119 to include court trials. Compar…

The court shall decide all questions of law which arise in the course of trial. NOTE: Section 90.31 is substantively the same as former § 1124. See also Cal. Pen. Code § 1124.

If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, any other judge regularly sitting in or assigned to the court, upon certifying that he has familiarized himself with the record of the trial, …

If by reason of absence, death, sickness or other disability the judge before whom the defendant has been tried is unable to perform the duties to be performed by the court after a verdict or finding of guilt any other judge regularly sitting or assigned to the court may perform …

The jurors sworn to try an action may, in the discretion of the court, be permitted to separate or be kept in charge of a proper officer. Where the jurors are permitted to separate, the court shall properly admonish them. Where the jurors are kept in charge of a proper officer, t…

The jury shall, at each adjournment of the court before the submission of the cause to the jury, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to converse among themselves or with anyone else on any subject conne…

While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court shall direct the officer to provide the jury with suitable and sufficient food and lodging, or other reasonable necessities. NOTE: Section 90.46 is new;…