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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 PCC Communist 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 Procedure Stage 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?
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