Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 90.10 Judge to Control Trial
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It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the argument of counsel to relevant and material matters, with a view to the expeditious and effective ascertainment of the truth regarding the matters inv…
8 GCA § 90.13 Order of Trial
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Unless otherwise directed by the court, the trial shall proceed in the following order: (a) If the trial be before the court with a jury, the jury shall be impanelled and sworn. COL120106 (b) The court or clerk shall read the indictment, information, or complaint and the defendan…
8 GCA § 90.16 One (1) Counsel to Argue; Exception Allowed
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One counsel shall be permitted to argue the cause for each party but the court, in its discretion, may permit additional counsel to argue any cause. NOTE: Section 90.16 supersedes former § 1095. It makes clear that one counsel is permitted to argue the cause for each party (rathe…
8 GCA § 90.19 Jury Instructions; Time, Presentation
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(a) If the trial be before the court with a jury, all requests for instructions on points of law must be made to the court and all proposed instructions must be delivered to the court before commencement of argument. (b) Copies of such requests shall be furnished to adverse parti…
8 GCA § 90.21 Proof of Each Element of Offense Required: Exceptions for
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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 …
8 GCA § 90.23 Reasonable Doubt: Defined; May be Read to Jury Verbatim
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(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…
8 GCA § 90.25 Degree of Offense; How Determined
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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 …
8 GCA § 90.27 Included Offense to be Given Jury
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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) …
8 GCA § 90.29 Evidence Taken Outside of Court Room
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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…
8 GCA § 90.31 Court to Decide Questions of Law
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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.
8 GCA § 90.34 Inability of Sitting Judge to Proceed
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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, …
8 GCA § 90.37 Inability to Hear Post-Conviction Motions
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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 …
8 GCA § 90.40 Control of Sworn Jurors
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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…
8 GCA § 90.43 Duty of Jurors Not to Converse, etc. During Recesses
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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…
8 GCA § 90.46 Jurors to be Provided With Food, Lodging
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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;…