Guam § 60 - Pleas Which May be Entered.

§ 60. Pleas Which May be Entered.

(a) The following pleas may be entered by a defendant:

(1) Not guilty.

(2) Not guilty by reason of mental illness, disease or defect.

(3) Guilty.

(4) Nolo contendere.

If a defendant refuses to plead or if the court refuses to accept a plea of guilty, or if a defendant corporation

fails to appear, the court shall enter a plea of not guilty.

(b) A defendant may plead nolo contendere only with the consent of the court. Such a plea shall be

accepted by the court only after due consideration of the views of the parties and the interest of the public

in the effective administration of justice.

NOTE: Section 60.40 continues a portion of the first and third sentences of former § 995 and former Rule 11 but adds

the plea of not guilty by reason of mental illness, disease or defect. A defendant may enter pleas of both not guilty and

not guilty by reason of mental illness, disease, or defect. However, § 7.22 of the Criminal and Correctional Code

provides that a defendant must enter the latter plea if he wishes to raise that defense. Moreover, it might be noted that

if he enters only the latter plea, without also pleading not guilty, he admits by implication the commission of the

offenses charged.

The second sentence of Subsection (b) a statement contained in proposed Subdivision (b) of Rule 11 of the

Federal Rules of Criminal Procedure. See also ABA, Project on Minimum Standards for Criminal Justice Pleas of

Guilty § 1.1(b) (Approved draft 1968). See discussion id., at 16-18. See generally 8 Moore, Federal Practice ¶11.07

(1974).