8 GCA § 1
11 is not intended to be exclusive, see, e.g., Code Civ. Proc. § 680.1(b) (right to jury trial), and is, of course, subject to
View official PDF ↗any constitutional requirements which may exist now or in the future. The Section is retained, however, as a useful catalogue of some of the defendant's more important rights. Subsection (a). The substance of Subsection
(a)is reflected in specific provisions which require expeditious handling of criminal proceedings. See, e.g., §§ 45.10 (first appearance); 45.50 (preliminary examination); 80.50-80.60 (trial). Former § 686(1) referred to an “oral” trial. There was no California counterpart, and certainly the provision did not prevent use of written evidence. Subsection (b). Former § 686(2) provided that the defendant was “entitled to be allowed counsel as in civil actions, or to appear and defend in person and counsel.” This was supplemented by former Rule 44(a) the substance of which is incorporated into (b). Implementation of the right to counsel is covered more specifically in this Code by § 45.30 and 45.40. It might be noted that the right to appointed counsel does not extend to a defendant accused of a violation. Subsection (c). This right is implemented in § 45.30 (first appearance) and § 60.10 (arraignment). Subsection
(d)and (e). These provisions reflect rights protected by the 5th Amendment. See also § 75.60. Subsection (f). This right is implemented by §§ 75.10, 75.15 (issuance of subpoena). Subsection (g). This Subsection is restated in the form now provided by § 686(3) of the California Penal Code. Obviously, the substance of this “right” is now stated elsewhere. See, e.g., § 70.70 (use of deposition). Subsection (h). This right is implemented by Chapter 130 commencing with § 130.10. COL08222024 CH. 1 GENERAL PROVISIONS
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.