Criminal Procedure Code at Guam (US)
Guam's criminal justice system is governed by the Guam Code Annotated (GCA) Title 8, known as the Criminal Procedures Code. This comprehensive framework outlines the procedures for criminal investigations, prosecutions, trials, and appeals within the territory.
📘 Structure of the Criminal Procedures Code
Title 8 is organized into various chapters, each addressing specific aspects of criminal procedure. Key chapters include:
Chapter 1: General Provisions – Establishes foundational definitions and principles.
Chapter 5: Construction; Definitions – Clarifies terms used throughout the code.
Chapter 10: Time of Commencing Criminal Actions – Specifies statutes of limitations for offenses.
Chapter 15: Complaint; Warrant and Summons; Issuance; Execution and Return – Details procedures for initiating criminal actions.
Chapter 20: Arrest – Outlines the authority and procedures for making arrests.
Chapter 35: Search Warrants – Regulates the issuance and execution of search warrants.
Chapter 45: First Appearance; Preliminary Examination – Covers initial court appearances and preliminary hearings.
Chapter 50: Grand Jury – Describes the grand jury process.
Chapter 60: Arraignment; Pleas – Details the arraignment process and plea options.
Chapter 85: Trial by Jury; Challenge; Alternates – Addresses jury trials and related procedures.
Chapter 130: Appeals – Outlines the appellate process for criminal cases.
Chapter 135: The Writ of Habeas Corpus – Provides procedures for challenging unlawful detention.
Chapter 140: Extradition – Regulates the process of extraditing individuals between jurisdictions. (Guam Code Title 8 - Criminal Procedures (2023) :: 2023 Guam Code :: U.S. Codes and Statutes :: U.S. Law :: Justia)
These chapters collectively form the procedural backbone for criminal cases in Guam.
⚖️ Key Legal Provisions
Arrest and Search Procedures: Chapters 20 and 35 govern the lawful authority and procedures for making arrests and executing search warrants, ensuring adherence to constitutional protections.
Pretrial Processes: Chapters 45 and 50 outline the steps for first appearances, preliminary examinations, and grand jury proceedings, establishing the foundation for criminal charges.
Trial Procedures: Chapters 60 and 85 detail the processes for arraignment, plea negotiations, jury selection, and trial conduct, safeguarding the rights of the accused and the integrity of the judicial process.
Appeals and Post-Conviction Relief: Chapter 130 provides the framework for appealing criminal convictions, while Chapter 135 addresses the writ of habeas corpus, allowing individuals to challenge unlawful detention.
📚 Accessing the Full Code
The complete text of the Guam Code Annotated Title 8 is available through the following resources:s)
Guam Courts Compiler of Laws:
These platforms provide the full text of the code, including all chapters and sections, for public access and reference.
RELATED Blog
0 comments