Law of Evidence at Guam (US)
The Law of Evidence in Guam is based on the Rules of Evidence derived from the Federal Rules of Evidence (FRE), with local adaptations through the Guam Rules of Evidence. As an unincorporated territory of the United States, Guam follows U.S. federal law in many areas, including evidence law, but also has its own local rules for evidence practice in both civil and criminal cases.
Here’s an overview of the Law of Evidence in Guam:
🔹 1. Sources of Evidence Law in Guam
Federal Rules of Evidence (FRE): Guam’s rules of evidence are largely modeled after the Federal Rules of Evidence used in U.S. federal courts.
Guam Rules of Evidence: Adaptations and local rules specific to Guam's courts, established by the Supreme Court of Guam.
Guam Code of Civil Procedure and Criminal Procedure Code: These codes govern the use and application of evidence in civil and criminal trials on the island.
Guam Constitution: The island’s constitution guarantees certain rights relating to evidence, such as the right to a fair trial.
🔹 2. Types of Evidence Recognized
Oral Evidence: Testimonies given by witnesses in court.
Documentary Evidence: Includes written documents such as contracts, records, or correspondence.
Real (Physical) Evidence: Tangible objects presented during trial (e.g., weapons, clothing, photographs).
Testimony of Experts: Experts who provide specialized knowledge or opinions related to the case.
Electronic Evidence: Includes digital records, emails, and data from electronic devices, which are increasingly recognized in courts under modern practices.
Circumstantial Evidence: Indirect evidence that can lead to inferences about the facts of the case.
🔹 3. Admissibility of Evidence
Relevance and Admissibility: Evidence must be relevant to the case in order to be admissible. Under the Federal Rules of Evidence and Guam’s adaptations, relevance is a key criterion for determining admissibility.
Hearsay Rule: Generally, hearsay evidence (out-of-court statements offered to prove the truth of the matter asserted) is not admissible, unless it falls under one of the recognized exceptions, such as:
Statements made by a deceased person.
Statements made in the course of business (business records).
Statements made by a party to the case (admissions).
Character Evidence: Evidence of a person's character is generally not admissible to prove that they acted in conformity with that character on a particular occasion, unless allowed by law.
Expert Evidence: Expert witnesses are allowed to testify on matters requiring specialized knowledge, but their qualifications must be established, and their testimony must be based on a reliable foundation.
🔹 4. Burden of Proof
Criminal Cases: The prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. The defendant is presumed innocent until proven guilty.
Civil Cases: The burden of proof lies on the plaintiff, and the standard is preponderance of the evidence (i.e., the evidence presented must show that it is more likely than not that the facts are as claimed by the party presenting the evidence).
🔹 5. Specific Rules and Adaptations in Guam
Privileges: Privileges recognized in Guam generally follow those established in the U.S. legal system. For example, attorney-client privilege and spousal privilege are typically respected in court proceedings.
Authentication of Evidence: Documents and other evidence must be properly authenticated before they can be admitted. This includes demonstrating that they are genuine and not fabricated.
Witnesses: Witnesses must take an oath before testifying. In certain situations, like children or individuals with limited capacity, alternative methods of providing testimony may be used.
🔹 6. Recent Developments
Electronic Evidence: As in the U.S., there has been a significant increase in the use of electronic evidence (such as emails, text messages, social media posts, etc.), and courts in Guam have adapted to accommodate this type of evidence in proceedings.
Changes to Hearsay Rules: Some changes and updates have been made to the rules surrounding hearsay, especially with the advent of new communication technologies.
🔹 7. Role of Judges
Judges in Guam are responsible for ensuring that the rules of evidence are followed in trials. They have discretion to decide whether to admit evidence and may exclude evidence if it is found to be unfairly prejudicial, misleading, or irrelevant.
🔹 8. Fair Trial and Constitutional Protections
As an unincorporated U.S. territory, Guam guarantees constitutional protections under the U.S. Constitution, including:
The Sixth Amendment: Right to a speedy and public trial, the right to be informed of the charges, and the right to confront witnesses.
The Fourteenth Amendment: Protection against arbitrary deprivation of life, liberty, or property, and guarantees equal protection under the law.
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