FOR IMMEDIATE RELEASE (June 15, 2020 – Hagåtña, Guam) – Senator Therese Terlaje and the Committee on Justice welcomed officials from the Office of the Attorney General (OAG) as well as the Public Defender Service Corporation (PDSC) to present information on the current legal landscape of self-defense law.  The forum was held to provide better insight into the current state of Guam’s laws, its effectiveness in protecting individuals at home and in public spaces, the existing limits on the use of force for the purpose of defending one’s own life, the lives of others, or in defense of property, the rates of successful claims of self-defense, along with challenges encountered in self-defense cases, and other relevant information on self-defense.

During the informational forum, Assistant Attorney General Sean Brown clarified that the use of deadly force self-defense is any force used to protect oneself, if that force can cause death or serious bodily injury, such as a firearm or knife, bat or motor vehicle. There are three limitations which include the following:

·       Must be a response to someone who might be experiencing death, serious bodily harm, kidnapping or criminal sexual conduct

·       Could not have provoked the need for deadly force

·       A duty to retreat

Deputy Director of PDSC, John Morrison, cited a report issued by the United States Commission on Civil Rights which concluded more times than not, the person that used deadly force had a criminal background and these laws are more likely to be invoked in situations where there is a fight that is escalating rather than during home invasions. The Deputy Director also stated he has not seen a case where deadly force has been used during a home invasion since the Castle Doctrine was enacted in 2014.

Both Attorneys Brown and Morrison reiterated that Guam’s law provides for the prosecution to prove beyond a reasonable doubt that self-defense did not occur, if it should be invoked, with Attorney Morrison stating that this provision makes Guam’s self-defense law more robust than most other states in the nation.

Following the informational forum, a public hearing was held for Bill 47-35, authored by Senator Joe San Agustin, which would expand the “Castle Doctrine”, removing the duty to retreat in the use of deadly force self-defense in any location a person has the right to be, commonly known as “Stand Your Ground.”

Senator Terlaje referenced a report from the American Bar Association’s National Task Force on Stand Your Ground (SYG) Laws which does not recommend the enactment of such legislation, based on broad studies that have found the following:

·       An individual’s right to self-defense was sufficiently protected prior to the enactment of SYG laws.

·       SYG States have experienced an increase in homicides.

·       The application of SYG law is unpredictable, uneven, and results in racial disparities.

·       Victim’s rights are undermined in States with statutory immunity for criminal prosecution and civil suits related to SYG cases.

The Oversight Chair also remarked during the hearing that the NAACP and the ACLU recommended against SYG measures.

Senator Terlaje noted that the Castle Doctrine allows the use of deadly force without the duty to retreat in one’s home, place of business and vehicle and notes that right to self-defense does not cease to exist outside of those places stating, “If self-defense is invoked, under Guam law, the prosecution must prove beyond a reasonable doubt that self-defense did not occur. We were assured that this provision is strong and continues to preserve the individual right to self-defense, ensuring reasonableness and fairness in the application of justice.”

Testimony in support of and in opposition to Bill 47-35 were received by the committee.  Written testimony can be submitted via email to senatorterlajeguam@gmail.com through Jun 29, 2020.

FOR IMMEDIATE NEWS RELEASE (June 9, 2020- Hagåtña, Guam)

Senator Therese M. Terlaje and the Committee on Justice will be holding a virtual informational briefing on the Right to Self-Defense on Guam on Monday, January 15, 2020 at 9 am.  Primary stakeholders have been invited to present on the topic which include the Attorney General, Chief Prosecutor, Guam Police Department, Public Defender and the Guam Bar Association.

This hearing will serve to further build our foundational understanding of the basic right to self-defense, and the allowed use of deadly force, which follows a previous hearing held in April of 2018.

During the 2018 hearing, the Attorney General, Chief of Police, and Executive Director of the Public Defender Service Corporation were united in opposition to a Stand Your Ground, also known as “Shoot First”, bill which would have expanded the allowable use of deadly force in self-defense beyond homes, cars, and places of work to public spaces and private establishments such as streets, restaurants, bars, grocery stores or any place a person had a right to be present.

Attorney Stephen Hattori, the Executive Director of the Public Defender Service Corporation, testified that under current law, “You can use self-defense everywhere, you have a duty to retreat, unless the incident occurs in your home, vehicles, or place of work.  This bill would expand the zone of protection.  A Stand Your Ground law makes everywhere you step your castle.”

Both Hattori and former Chief Prosecutor Joseph B. McDonald provided research to committee members, which included a study by the American Bar Association’s National Task Force on Stand Your Ground, published in 2015.  The Task Force conducted a broad investigation of Stand Your Ground laws across the United States that revealed several important findings, which include:

1.     Based on recent empirical studies, Stand Your Ground states experienced an increase in homicides.

2.     Multiple states have attempted to repeal or amend Stand Your Ground laws.

3.     The application of Stand Your Ground laws is unpredictable, uneven, and results in racial disparities.

4.     An individual’s right to self-defense was sufficiently protected prior to Stand Your Ground laws.

5.     Victims’ rights are undermined in states with statutory immunity from criminal prosecution and civil suits related to Stand Your Ground cases.

Senator Terlaje hopes that the Legislative Committee on Justice will be fully informed of the current state of the law and the effects of self-defense law on the prosecution and rates of homicide, as the 35th Guam Legislature considers several criminal penalties bills and a Stand Your Ground bill introduced this term. 

“In other jurisdictions, Shoot First laws have increased homicides in the community. This bill may affect our criminal justice system’s ability to ensure justice. Every senator and our entire community must fully understand our existing right to self-defense, and must carefully consider the intended and unintended potential consequences to our way of life by expanding the allowed use of deadly force on our island,” stated the Senator.

This informational briefing will immediately proceed to a public hearing for Bill No. 47-35 (COR) authored by Senator Joe S. San Agustin which would expand the “Castle Doctrine” justification for acts of self- defense and eliminate the requirement of retreating before the use of force in the face of imminent danger.

The virtual informational briefing and public hearing will broadcast on local television, GTA Channel 21, Docomo Channel 117/60.4 and stream online via www.guamlegislature.com.  A recording of the hearing will be available online via Guam Legislature Media on YouTube after the hearing.

For more information, please call the Office of Senator Therese M. Terlaje at (671) 472-3586 or email at senatorterlajeguam@gmail.com.