CUBA

“The Key to the Gulf of Mexico”

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

Any Questions?