Guam § 1 - Purpose for Defining Offenses.

§ 1. Purpose for Defining Offenses.

(a) The general purposes of the provisions governing the definition of offense are:

(1) to forbid, prevent, and condemn conduct that unjustifiably and inexcusably inflicts or

threatens substantial harm to individual or public interests;

(2) to insure the public safety by preventing the commission of offenses through the deterrent

influence of the sentence authorized, the rehabilitation of those convicted, and their confinement when

required in the interest of public protection;

(3) to subject to public control persons whose conduct indicates that they are disposed to commit

offenses;

(4) to give fair warning of the nature of the conduct proscribed and of the sentences authorized

upon conviction;

(5) to differentiate on reasonable grounds between serious and minor offenses; and

(6) to define adequately the act and mental state which constitute each offense, and limit the

condemnation of conduct as criminal when it is without fault.

(b) The general purposes of the provisions governing the sentencing offenders are:

(1) to prevent and condemn the commission of offenses;

(2) to promote the correction and rehabilitation of offenders;

(3) to assure the public safety by preventing the commission of offenses through the deterrent

influence of sentences imposed and the confinement of offenders when required in the interest of

public protections;

(4) to safeguard offenders against excessive, disproportionate, or arbitrary punishment;

(5) to give fair warning of the nature of the sentences that may be imposed on conviction of an

offense;

(6) to differentiate among offenders with a view to a just individualization in their treatment; and

(7) to advance the use of generally accepted scientific methods and knowledge in sentencing

offenders.

(c) The provisions of this Code shall be construed according to the fair import of their terms, but when

the language is susceptible of differing constructions it shall be interpreted to further the general purposes

stated in this Section and the special purposes of the particular provision involved. The discretionary powers

conferred by this Code shall be exercised in accordance with the criteria stated in the Code and, insofar as

such criteria are not decisive, to further the general purposes stated in this Section.

CROSS-REFERENCES: § 1.34 of this Title.

CH. 1 PRELIMINARY PROVISIONS: DEFINITIONS

COMMENT: Section 1.14 is based upon Model Penal Code § 1.02 with modifications suggested by the New Jersey Criminal

Law Revision Commission. See 1 N.J. § 2C:1-2 (Final Report, 1971). The Section is intended to state the most pervasive

general objectives of the Code. The statement is included both for its own sake, as an explanation of the underlying legislative

premises, and also as an aid and guide for the courts and correctional institutions called upon to apply and administer it.