Title 8 — Criminal Procedure

Approval of Court. Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. NOTE: Section 85.10 is identical to former Rule 23(a). See also Fed. R. Crim. P. 23(a). Se…

Juries shall be of six. However, in a prosecution by indictment or information, the defendant shall be entitled to a jury of twelve upon his written request filed with the court prior to the date of trial. In any case where a jury of twelve is demanded, at any time before verdict…

The court may permit the defendant or his attorney and the prosecuting attorney to examine the prospective jurors to select a fair and impartial jury or may itself conduct the examination. In the latter event the court shall permit the defendant or his attorney and the prosecutin…

A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court must exclude such juror. It can be taken by either party and may be oral. NOTE: Section 85.25 is new; it is substantively the same as § 1069 of the California Penal Code.…

In a prosecution by indictment or information if the offense charged is punishable by a life sentence, each side is entitled to twenty peremptory challenges, otherwise the government is entitled to six peremptory challenges and the defendant or defendants jointly to ten peremptor…

(a) A challenge for cause is an objection to a prospective juror based on any of the following grounds: (1) The prospective juror does not have the qualifications for jury service required by Title 7 GCA § 22105. (2) The prospective juror is related by blood or marriage within th…

When Panel Sworn. (a) The court may direct the order in which challenges are to be taken both as to parties and as to type of challenge. (b) Each party shall be entitled to have the panel full before exercising any peremptory challenge. The number of peremptory challenges remaini…

The court may direct that no more than six (6) jurors in addition to the regular jury be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, …

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…

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…

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…

(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…

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;…

Minors Under Age of Eighteen. At the trial of a complaint or indictment for criminal sexual conduct, incest, carnal abuse or other crime involving sex, where a minor under eighteen (18) years of age is the person upon, with or against whom the crime is alleged to have been commit…

Involving Husband and Wife. The judge may exclude the general public from the court room during the trial of any criminal proceeding involving husband and wife.

Child Pornography or Criminal Sexual Conduct. To protect the parties involved at a trial arising from a complaint or indictment for incest, child pornography or criminal sexual conduct, the judge may exclude all spectators from the courtroom in which such trial is being held, or …

The court must determine, on a case-by-case basis, whether the Territory's legitimate concern for the victim's well-being necessitates closure of court proceedings as provided for in §§ 91.01, 91.02 and 91.03 of this Chapter. In accommodating the Territory’s interest for closure …

Actions Unless Stated Differently in Law. Except as otherwise provided by law, in all trials under this Code, the testimony of witnesses shall be taken orally in open court and the admissibility of evidence and the competency and privileges of witnesses shall be governed in the s…

For the purpose of establishing prima facie evidence of the fact that a person charged with a crime has previously been convicted of another crime in this Territory, or in any state, territory, or insular possession of the United States, which would be punishable as a crime in th…

No person shall be convicted of an offense defined in §§ 52.15, 52.20 or 52.30 of the Criminal and Correctional Code when proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant. Proof of falsity may be established by direct or in…

Upon trial for conspiracy, the defendant cannot be convicted unless one or more overt acts are expressly alleged in the indictment, information or complaint nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence. NOTE: Section 9530…

Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases, and when the second marriage took place o…

Upon a trial for compelling prostitution the defendant cannot be convicted upon the testimony of the person compelled to commit or engage in prostitution, unless she (or he) is corroborated by other evidence. NOTE: Section 95.50 is based on former § 1108. Compare Cal. Pen. Code §…

Upon a trial for the violation of paragraph (3) of Subsection (a) of § 64.10 of the Criminal and Correctional Code, it is not necessary to prove the existence of any lottery in which any lottery ticket purports to have been issued, or to prove the actual signing of any such ticke…

An official record or an entry therein or the lack of such a record or entry may be proved in the same manner as in civil actions. NOTE: Section 95.75 is identical to former Rule 27. See also Fed. R. Crim. P. 27. § 95.75 provides an exception to the Aconfrontation@ rule provided …

A party who intends to raise an issue concerning the law of a foreign country shall give reasonable written notice of such intention. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or a…

(a) The court may order the defendant or the government or both to show cause why an expert witness should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witness agreed upon by the parties, and may appoint a witness of its ow…

The court may appoint an interpreter of its own selection. The court shall determine the reasonable compensation of such an interpreter and direct his payment out of such funds as may be provided by law. NOTE: Section 95.90 is substantively the same as former Rule 28(b). See also…

The motion for a directed verdict is abolished and a motion for judgment of acquittal shall be used in its place. The court on motion of a defendant or on its own motion shall order the entry of a judgment of acquittal of one or more offenses charged in the indictment, informatio…

If a motion for judgment of acquittal is made at the close of all the evidence, the court may reserve decision on the motion, submit the case to the jury and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged withou…

If a jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made or renewed within seven days after the jury is discharged or within such further time as the court may fix during the seven-day period. If a ve…

After receiving the instructions from the court, the jury shall retire for deliberation and an officer shall be sworn to keep them together for deliberation in some private and convenient place, and, during such deliberation not to permit any person to speak to or communicate wit…

Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the case, or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the pe…

After the jury has retired for deliberation, if there is any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in the case, they may require the officer to conduct them into court. Upon being brought into court, the inform…

(a) The jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, except: (1) By consent of both parties, entered upon the minutes; COL120106 VERDICT OR F INDING (2) At the expiration of such time as th…

(a) Before the jury retires for deliberation, the court may give an instruction which informs the jury: (1) that in order to return a verdict, each juror must agree thereto; (2) that jurors have a duty to consult with one another and to deliberate with a view to reaching an agree…

While the jury is absent the court may adjourn from time to time, as to other business, but it shall be open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged. NOTE: Section 105.26 is new. It is substantively the s…

(a) When the jury has agreed upon a verdict, they shall be conducted into court by the officer having them in charge. When they appear in court, they shall be asked by the judge, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they shal…

(a) The jury shall render a general verdict except when all parties stipulate in writing with the approval of the court to the return of a special verdict. (b) A general verdict upon a plea of not guilty is either Aguilty@ or Anot guilty.@ A general verdict upon a plea of not gui…

The court shall give judgment upon the special verdict as the facts prove or fail to prove the defendant guilty of the offense charged in the indictment, information or complaint or of any other offense of which he could be convicted under that indictment, information or complain…