“The Key to the Gulf of Mexico” 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?