Guam § 1 - Rights of Defendant Enumerated.

§ 1. Rights of Defendant Enumerated.

In any criminal action, the defendant is entitled:

(a) To a speedy and public trial.

(b) To defend in person and with counsel. Every defendant accused of a crime who is financially

unable to employ counsel shall be entitled to have counsel assigned at public expense to represent him

at every stage of the proceedings from his initial appearance before the court through appeal, unless

he waives such appointment.

(c) To be informed of the nature and cause of the accusation against him.

(d) To be exempt from being called to testify and from testifying against himself.

(e) To be allowed to testify in his own behalf; if he fails to testify, such failure shall not be

construed as evidence against him; but if he does so testify, he may be cross-examined in the same

manner as other witnesses.

(f) To have compulsory process issued for obtaining witnesses in his behalf.

(g) To produce witnesses on his behalf and to be confronted with the witnesses against him, in

the presence of the court, except that:

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(1) Hearsay evidence may be admitted to the extent that it is otherwise admissible in a

criminal action under the law of Guam.

(2) The deposition of a witness taken in the action may be read to the extent that is otherwise

admissible under § 70.70.

(h) To appeal.

2024 NOTE: Reference to “Territory” replaced with “Guam” pursuant to 1 GCA § 420.

COURT DECISIONS: C.A.9 1969. The first nine Amendments of the U.S. Constitution are made directly applicable to the

federal prosecutions in the territory, but only those which are mandated upon the states by the second sentence of the 14th

Amendment of the U.S. Constitution are mandated upon Guam by incorporation in the Organic Act of the second sentence

of the 14th Amendment of the U.S. Constitution. People v. Inglett, 417 F.2d 123 (1969).

D. C.Guam App. Div. 1979. The Prosecutor's reference to Defendant's silence is not in violation of the 5th Amendment of

the U.S. Constitution if the reference is not intended to raise, nor does raise, in the jury's mind a negative inference or an

inference of guilt of the Defendant. People v. Pador, D.C.Guam, App.Div., Cr. #50-A. Decided January 24, 1978.

D.C.Guam App.Div. 1981. The right of defendant Okada to a speedy trial [§ 1.11(a)] was violated when her trial date was

postponed to allow the presiding judge to preside over this trial even though a trial date was opened before another court on

the scheduled date and there was no reason to show why the trial should not be held on the scheduled date other than the

preference of the presiding judge. People v. Okada, D.C.Guam App.Div.1980, Cr.App. #78-00041A; Government's appeal

from decision dismissed by Ninth Circuit for lack of authority by the Government to appeal criminal cases to it, People v.

Okada, C.A.9 1981, _____ F.2d _____. But Congress corrected the lack of power to appeal when it enacted 48 U.S.C.A. §

1493 in 1984.

D.C. GUAM APP. DIV. 1981. This case was remanded to the Superior Court to determine whether, because the counsel in

the action was defending two defendants and where it is clear that the counsel emphasized the defense of one person and did

not emphasize the defense of the other, this defendant was provided with ineffective counsel. People v. Gleason, D.C. App.

Guam 1981, D.C. Cr.App. #79-00048A. [§ 1.11(b)]

D.C. GUAM APP. DIV. 1980. Where the appellate court conducts a full examination of the proceedings and decides that the

case is wholly frivolous, the court may, and did here, grant the counsel's request to withdraw and to dismiss the appeal. People

v. Palomo, D.C. App. Guam 1980, Cr.App. #79-00025A. [§ 1.11(b) and (h)]

SUPERIOR COURT 1981. The defendant's right to counsel does not extend to the time of arrest for drunk driving. People

v. Eclavea, Sup. Ct. 1981, S.C. Cr. #647-80.

COMMENT: Section 1.11 continues the substance of former § 686. See also former Rule 44(a); Cal. Pen. Code § 686.