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9 GCA § 1.14

Purpose for Defining Offenses

Guam Code AnnotatedTitle 9 — Crimes and Corrections
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(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.

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.