Guam Burden of Proof - Physical Evidence Not Produced
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FAQ
Burden of Proof The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty ?beyond a reasonable doubt,? which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
Bill of rights. (a) No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances.
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.
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.
An insular area is a ?jurisdiction that is neither a part of one of the several States nor a Federal district.? In other words, Guam is neither a state nor a federal district, like the District of Columbia, and only parts of the Constitution apply to its citizens.
The Insular Cases: Article IV of the U.S. Constitution makes it clear that Congress has sovereign control over all United States territories, stating: ?The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and ...
For example, when some say that ?beyond a reasonable doubt? should be understood to mean that the jurors should not convict a defendant unless they conclude that there is at least a very high probability (for example, 95 percent) that he committed the crime, they might mean that if the same evidence was presented to ...
