Guam Jury Instructions — Defendant's Failure to Testify Explained In the Guam legal system, jury instructions play a crucial role in guiding jurors on the applicable laws and how they should make their decisions. One such type of instruction is specifically related to the defendant's failure to testify. This instruction clarifies the jurors' responsibilities when the defendant chooses not to take the stand and testify in their own defense. Guam's criminal justice system respects an individual's constitutional right against self-incrimination, which allows the defendant the option to remain silent during trial. The Guam Jury Instructions — Defendant's Failure to Testify, often referred to as "Jury Instruction 7.2," explains this right to jurors and helps them understand how it should impact their decision-making process. Within the realm of Guam Jury Instructions — Defendant's Failure to Testify, there are certain variations based on the circumstances of the case. Let's explore some of these different types of instructions: 1. Basic Jury Instruction on Defendant's Failure to Testify: This instruction is used in cases where the defendant chooses not to testify. It instructs the jury that they should not consider the defendant's decision as evidence of guilt and that they cannot hold it against the defendant during their deliberations. The instruction emphasizes that it is solely the prosecution's burden to prove guilt beyond a reasonable doubt. 2. Improvement Instruction: In situations where the prosecution has presented evidence that the defendant made a statement or testified on a prior occasion, this instruction is used. It guides the jurors to consider such testimony only in relation to the credibility and believability of the defendant's statement, not as substantive proof of guilt. 3. Specific Circumstantial Evidence Instruction: When the case heavily relies on circumstantial evidence, this instruction helps jurors comprehend that they should not draw any adverse inference simply because the defendant did not testify. It reminds them that the prosecution bears the responsibility of presenting conclusive evidence proving guilt. 4. Multiple Defendants Instruction: In cases involving multiple defendants, this instruction is utilized to inform the jury that the decision of each defendant concerning testifying or remaining silent should be evaluated individually. It emphasizes that one defendant's decision should not impact the jury's evaluation of the other defendants. 5. Requested Defense Instruction: Defense attorneys in Guam have the right to request specific jury instructions that align with their defense strategy. The defendant's attorney can submit a proposed instruction related to the defendant's failure to testify, tailored to fit the unique circumstances of their case. By including these Guam Jury Instructions — Defendant's Failure to Testify, the legal system aims to ensure a fair trial for all defendants. These instructions guide jurors to base their verdict solely on the evidence presented by the prosecution and remind them not to speculate or draw any unfair inferences from the defendant's decision to remain silent.
Guam Jury Instructions - Defendant's Failure to Testify
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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.
The Guam Code Annotated (GCA) establish the permanent laws of Guam relating to and in force in Guam.
The fact that a defendant did not testify may not be considered by the jury as proof that the defendant committed the crime. The defense may also waive his case.
The Guam Code Annotated (GCA) establish the permanent laws of Guam relating to and in force in Guam.
The Guam Judicial Branch is committed to making jury service as convenient and rewarding as possible. Please feel free to contact us via email at juryunit@guamcourts.gov or call us at 475-3440/3136. We look forward to hearing from you.
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.
The laws in the Guam Code are passed by the Legislature of Guam, which was created by the Organic Act of Guam in 1950. The Legislature of Guam contains 15 members, who serve two-year terms and are not subject to any term limits. A proposed law is known as a bill.
Under Title 28, United States Code, Section 1866 (g), a person who has been summoned for jury service and fails to report can be fined up to $1,000, be ordered to perform community service, and/or imprisoned for up to three (3) days, or any combination thereof.