Post on 14-Dec-2015
Cuba
• Republic of Cuba (Republica de Cuba)
• Capital: La Habana (hereafter, Havana)
• Independence: May 20, 1902
Discovered in 1492
• Exploration of Christopher Columbus
• Under Spanish rule
• Subjected to harsh trade restrictions
• Britain occupied Havana 1762-63, change trade restrictions
• The change allowed Cuba to become the World’s leading producer of sugar
Spanish-American War of 1898
• Granted Independence in 1902
• Dependent of the United States
• Proportion of self-rule
• Platt Amendment: U.S. was allowed military intervention
New Rule
• Fulgencio Batista y Zaldivar: led a corrupt and brutal dictatorship (1940-44, 1952-59)
• 20,000 political killings
• January 1, 1959, overthrown and fled to the Dominican Republic with 40 million dollars
Hello Fidel!
• Fidel Castro Ruz became President in 1976
• Guerrilla Warfare
• Communist Dictator
• CIA reports: may have Parkinson's disease
EMBARGO
• El bloqueo of 1960-present day• Cold War Tactic• deter communism and promote democracy• Under Eisenhower: partial embargo (exclude
food and machines)• Under Kennedy, Foreign Assistance Act:
prohibit aid to any country that trades with Cuba
New Constitution
• After the Collapse of Communism in the Soviet Union
• Constitution of 1992• Promotes Cuba!• Made Political Regimes more inclusive,
tolerant to religious beliefs, behavior, and organizations
• Deeply authoritarian, still only one party,
Constitutional Provisions
• 1992 Constitution limits the State ownership of land
• Article 53: Freedom of Expression
• Freedom of “CUBAN” Speech
• Article 62: Prohibits Art 53 if it interfere with, threatens, or defy existence of Socialist State
PCCCommunist Party of Cuba
• National Assembly: Legislative Branch
• Formal Powers: declare war,make peace, modify legislature, elect members to Council of State & Supreme Court
• 4 year terms,
• Meet only twice a year
Council of State
• Fidel Castro: President of Council of State
• Elected by the National Assembly
• appoint and remove ministers, ambassadors, and other high officials
• “Routine Authoritative” decision maker
Council of Ministers
• Fidel Castro: President of Council of Ministers
• Highest executive and administrative organ
• Constitution empowers it to issue regulations to administer laws and decrees authorize exceptions to state ownership of the means of production
Supreme Court• Five Chambers: Criminal, Civil, Administrative,
Labor, and Military
• Nominated by Minister of Justice, confirmed by National Assembly
• Article 121: Supreme Court and all other courts are subordinate to the National Assembly & Council of State
• Prohibited from determining laws to be constitutional
• No life terms
Provincial Courts
• Exist in each Province
• Four Chambers: Criminal, Civil, Administrative, Labor
• Jurisdiction over crimes that punishment does not exceed 8 years
• 3/4 of all crimes committed in Cuba
• Lay Judges
Municipal Courts
• Much like District Court in the U.S.
• Jurisdiction over minor crimes that punishment does not exceed 1 year
• preliminary levels for civil cases
• Lay Judges
Source of Law
• Spanish Law & U.S Law
• History of Spanish Law is related to the abuses of the Catholic Church and the Inquisition
• Judges where the investigator and sentencor
• U.S. influence after the Spanish-American War
Criminal ProcedureStage 1
• Filing of complaint
• police investigates the complaint
• prosecutor decides to move forward
• the accused does not have right to council during this stage
• can’t exceed 8 days in this stage, after which, accused attorney is invited in
Criminal Proceedings Stage 2
• In Prosecutor’s hands
• Complexity of the case, the interpretations, and emphasis of the case are defined
• Recommendation of sentence is recorded
• Case is passed to accused
• 10 days to file a rebuttal
• Court will appoint
Criminal trial Stage 3
• 1st witness is always the defendant
• freedom not to testify against himself
• Preserve the presumption, “Innocent until proven guilty”
• witnesses are examine by the judges including lay judges
• Court has 10 days to make a decision