Guam Assertion of Right to Be Present (GAP) is a legal term that refers to the constitutional right of an individual to be physically present during court proceedings held in Guam. GAP grants individuals the right to attend and witness court sessions, ensuring transparency, accountability, and protection of their rights. With GAP, individuals have the opportunity to personally observe the judicial process, which promotes fairness and ensures that their interests are adequately represented. This right is crucial for defendants, as it allows them to understand the legal proceedings, observe witnesses, and provide direct input to their legal representatives during the trial. There are two main types of GAP: the Right to Be Present during trial and the Right to Be Present during pre-trial proceedings. The Right to Be Present during trial ensures the defendant's physical presence throughout the entirety of the trial, including the reading of charges, witness testimony, cross-examination, and final verdict. This right guarantees that defendants have the ability to directly participate in their defense, communicate with their attorney, and be aware of the evidence against them. The Right to Be Present during pre-trial proceedings grants individuals the opportunity to be physically present in courtrooms during hearings held before the trial commences. Such pre-trial hearings may involve matters such as bail, discovery motions, and plea negotiations. This right allows defendants to understand and actively participate in these crucial stages, ensuring their voices are heard, and their rights are protected from the earliest stages of the legal process. GAP is an essential aspect of the due process of law and is constitutionally protected to ensure a fair and impartial judicial system. It recognizes the importance of transparency and inclusion in the legal process, allowing individuals to actively participate, influence the proceedings, and provide accurate information to their legal representatives. By exercising their rights under GAP, individuals can contribute to the overall fairness and integrity of the Guam justice system.
Guam Assertion of Right to Be Present
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In Guam, the judiciary has two general levels. The Territorial Superior Court is the trial court of general jurisdiction. The Supreme Court of Guam is the highest court.
The District Court of Guam sits within the United States Courts for the Ninth Circuit. The largest of all federal circuits, the Ninth Circuit consists of the U.S. Court of Appeals for the Ninth Circuit and the federal and bankruptcy courts in 15 federal judicial districts.
In addition, the Supreme Court long ago decided that ?fundamental? personal rights declared in the Constitution apply to citizens of ?U.S. territories.
Guam is an unincorporated territory of the United States. Most but not all federal laws apply to Guam. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code.
Through the Organic Act of 1950, Congress established a Bill of Rights for Guam, modeled on the Bill of Rights in the U.S. Constitution. § 1421b. In 1968, Congress enacted the Mink Amendment, which extended additional constitutional rights to Guam. § 1421b(u).
Guam became a U.S. territory in 1898 and placed under the jurisdiction of the U.S. Navy. The Guam Organic Act of 1950 conferred U.S. citizenship on Guamanians and established the territory's government. The Act also transferred Federal jurisdiction over Guam from the U.S. Navy to the Department of the Interior.
Guam, along with Puerto Rico and the Philippines, were ceded to the US. In subsequent court cases heard in the US Supreme Court, these areas were deemed ?unincorporated territories? as opposed to ?incorporated territories.?
The Compiler of Laws is responsible for officially publishing the Session Laws of the Guam Legislature, the Guam Code Annotated and updates thereto, the Guam Administrative Rules and Regulations, Supreme Court of Guam Opinions, Executive Orders and Attorney General Opinions.