StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

The Cuban Legal System - Justice for All - Coursework Example

Cite this document
Summary
The paper "The Cuban Legal System - Justice for All" highlights that what we have in Cuba is a legal system tailored to suit a specific political and social ideology—a dualistic system that tries, on many levels, to mead out justice and on others to preserve the political and social status quo…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94.9% of users find it useful
The Cuban Legal System - Justice for All
Read Text Preview

Extract of sample "The Cuban Legal System - Justice for All"

THE CUBAN LEGAL SYSTEM The Cuban Legal System: Justice for All? The Cuban Legal System: Justice for All? The island which in 1492 Christopher Columbus called Juana, mistaking it for a landmass in Asia, was to become not only a colony of Spain but the center of Spanish government in the New World in post-conquest years. "The story of Cubas struggle for liberation from four-hundred years of Spanish domination is one of the great epics in history,” writes historian Philip S. Foner in his 1962 book, A History of Cuba and its relations with The United States, Vol. 1. With the end of the Spanish American War, and the signing of the Treaty of Paris on December 10, 1898, Cuba finally gained its independence from Spain but was left under U.S. military occupation. Cuba’s long and often strained association with the U.S. and a series of U.S. backed governments would lead to the 1959 Cuban Revolution and the current 50-year reign of dictator, Fidel Castro. The web article, Crime and Society: A Comparative Criminology Tour of the World summarizes the Cuban legal system as a composite of the three major stages of the country’s history, ending in what we know today as a socialist legal state. In 1973, the government promulgated the Law of Judicial Organization, establishing a hierarchical and more formal court system, replacing private law practice with law collectives-- strengthening emphasis on "socialist legality. Cuba’s civil law emphasizes written codes rather than precedent as the source of law. It utilizes an inquisitorial system of criminal procedure similar to that of Spain and France, with a smattering of Anglo American law including habeas corpus and a separation of courts and prosecutors quite uncharacteristic of Marxist-Leninist states. The article also sites key elements of Cubas "socialist legality" as an emphasis on substantive rather than juridical measures of justice; the use of law as a pro-active tool for socialist development; limited use of formal legal mechanisms for the resolution of private disputes; the use of informal "social courts" to resolve conflicts such as housing and labor disputes; direct citizen involvement in the judicial and crime control, and a system of state-organized law collectives to provide low-cost legal services nationwide. Regarding the latter, Raymond J. Michalowski writes of the non-adversarial system,“These attorneys, as intermediaries between citizens and the state, often found ways to utilize the formal framework of substantive and procedural laws to represent clients interests despite an official ideology that emphasized non-adversarial lawyering.” (Raymond J. Michalowski, Law & Society Review, Vol. 29, 1995, page 65 ) The revolution and rise of Castro no doubt had irrevocable bearing on the legal system of the country. The island has suffered under a long series of harsh dictatorial regimes, including Fulgencio Batista, who, backed by the U.S., supported laws favorable to the rich and powerful. Conversely, upon assuming power, Castro’s communist/socialist regime immediately targeted the legal system, passing the Urban and Agrarian Reform Laws, which respectively confiscated private rental properties and resold them to tenants, and redistributed large tracts of land previously owned mostly by Americans. Yet despite its long line of dictators, Cuba has nonetheless a well established legal tradition. “Prior to the Revolution, Cubans lived under one of Latin America’s most effective judiciaries.” (Mario-Diaz Cruz III) Traditions, according to Diaz-Cruz, were based on Spanish Law grounded in Roman and Napoleonic legal principles. Its 1940s Constitution was held as a model in Latin America. Cuba has had five constitutions since its independence from Spain; the latest version a draft in 1992. Reading the basic document, written in 1976, the communist political and cultural focus is obvious in its preamble. “WE, CUBAN CITIZENS, heirs and continuators of the creative work and the traditions of combativity, firmness, heroism and sacrifice fostered by our ancestors... by those who promoted, joined and developed the first organizations of workers and peasants, spread socialist ideas and founded the first Marxist and Marxist-Leninist movements;”...( Cubanet Documents, Constitution of the Republic of Cuba, 1992) Yet the same document acknowledges past cultures as well: “by the Indians who preferred extermination to submission; by the slaves who rebelled against their masters; by the patriots who in 1868 launched the wars of independence against Spanish colonialism and those who in the last drive of 1895 brought them to victory in 1898...”(Cubanet Documents) The legal tradition that Cuba’s constitution appears to assume hardly supports the individual rights of the people it praises in its preamble. “The denial of basic civil and political rights is written into Cuban law. While Cubas domestic legislation includes broad statements of fundamental rights, other provisions grant the state extraordinary authority to penalize individuals...”(Human Rights Watch, Report to the UN, June 1997) In terms of legal tradition, it would seem that Cuba, which in the early days included precepts of the Spanish, French and even U.S. traditions, has veered from its legal path toward governing documents more in line with communist nations than those of western democracies, many of which employ aspects of socialism within their cultures. “Thirty years of development guided by Marxist legal theory, and shaped by close ties to the former Soviet Union have added a clearly socialist character to the Cuban legal system.” (World Factbook of Criminal Justice Systems, Cuba, Ray Michalowski) Michalowski states that in 1956 vague provisions providing for the arrest of persons committing anti-revolutionary acts and summary trial procedures were written into the law. Not a lot has been written about actual criminal codes in Cuba. Probably the most enlightening and concise is found in, Crime and Society: A Comparative Criminology Tour of the World: Under Cuban law, an act is a crime only if it is prohibited by the law and is socially dangerous or harmful (socialimente peligrosa). Violations of law that do not rise to the necessary level of social harm are considered to be infractions (contravenciones), that is, a noncriminal citation offense. Crimes in Cuba are divided into felony and misdemeanor offenses. Felony crimes are those with a potential sentence exceeding one year imprisonment or a fine of more than 300 cuotas. (Cuotas are units of a fine that have variable value. Thus, one person may be subject to a fine of 100 cuotas at one peso each while another may be subject to the same fine but at a rate of two pesos per cuota.) Offenses that meet this standard are prosecuted in provincial courts. Less serious misdemeanor offenses are adjudicated in municipal courts and carry maximum penalties below the one-year/300-cuota level. Felony-equivalent crimes in Cuba encompass a standard array of offenses against persons or property including murder, rape, assault, death or injury by vehicle, robbery, burglary, larceny, vehicle theft, arson, and drug trafficking. Except for murder, rape, and robbery, each of these offenses also has a less serious, misdemeanor equivalent. In addition to standard crimes against persons, property and social order, the Cuban penal code enumerates various offenses against socialist organization. Central among these are misuse of employment in a state enterprise for illegal personal gain (malversacion), obtaining money or property illegally channeled from some state economic venture (receptacion), trading in foreign currency (trafico de divisas), slaughter and distribution of livestock outside the socialist distribution system (sacrificio ilegal), and attempting to leave the country without complying with formal emigration requirements (salida ilegal). Rather than being occasional crimes, these offenses constitute a regular part of the criminal case load in Cuba. Outside criticism against the Cuban legal system generally focuses on the above codes which are considered authoritarian and an infringement on personal freedoms. Yet some, including misuse of employment in a state enterprise for illegal personal gain, and obtaining money, etc. may find comparable restrictive laws within U.S. codes. Cuba does practice capital punishment, but rarely. The death penalty is reserved for the most heinous crimes which is generally consistent with U.S. states still employing execution. Since a moratorium was instituted on executions in 2000, only three have taken place. In 2003, to harsh condemnation from world figures, three men were executed after being found guilty at summary trial of hijacking a ferry and threatening to kill the hostages. (IPS, Patricia Grogg, December 2, 2008) Responding to criticism, the Cuban government is currently looking into alternatives to the death penalty. Correctional labor, a more draconian form of community service, and public chastisement (la amonestacion) are also commonly used for lesser crimes along with fines. Policing in Cuba consists of a multi-layered infrastructure under The Ministry of Interior, led by Raul Castro, which maintains all state security much like the FBI but with far fewer legal restrictions. In addition to the routine law enforcement functions, it maintains surveillance of citizens through informants for the purpose of actively suppressing political opposition. Local organizations such as Committees for the Defense of the Revolution (CDRs) bringing dissenters into lockstep with the party line. The National Revolutionary Police (PNR), operating under the Ministry provides uniform policing and handles everyday criminal investigation, crime prevention, juvenile delinquency, and traffic control through municipal groups, each with its own chief. “Police may use necessary force to apprehend suspects and to defend their person or that of any other citizen. Cuban law places few formal limits on police discretion to stop or interrogate citizens. This reflects Cubas character as a civil law state with an inquisitorial judicial system.” (Crime and Society: A Comparative Criminology Tour of the World) The article reveals that despite other restrictive legal procedures, Cuban law does not allow violence or force in obtaining a confession and admits that no defendant is required to testify against him or herself. Suspects can make formal oral statements if they wish, including confessions. As in the U.S., minors under 16 must have parents present. In conclusion, then, what we have in Cuba is a legal system tailored to suit a specific political and social ideology—a dualistic system that tries, on many levels, to mead out justice and on others to preserve the political and social status quo. But is this justice? If arbitrary arrests and detention remain a practice, how does our own critical view of such behavior settle with arrests justified under the Patriot Act? What about detainees at Guantanamo, held without trial? The conclusion of justice, then, may lie in the very ideological perspective of the person judging. THE END Source Bibliography Between Citizens and the Socialist State: The Negotiation of Legal Practice in Socialist Cuba, journal article, Raymond J. Michalowski, Law & Society Review, Vol. 29, 1995, page 65 Challenges for a Transitional Judiciary in Post-Castro Cuba, Mario Díaz-Cruz, III, pg. 304 http://lanic.utexas.edu/project/asce/pdfs/volume12/diazcruz.pdf Cubanet Documents, Constitution of the Republic of Cuba, 1992 http://www.cubaverdad.net/cuban_constitution_english.htm III. IMPEDIMENTS TO HUMAN RIGHTS IN CUBAN LAW, Human Rights Watch, Report to the United Nations, June, 1997 http://www.hrw.org/legacy/reports/1999/cuba/Cuba996-03.htm WORLD FACTBOOK of CRIMINAL JUSTICE SYSTEMS, Cuba By Ray Michalowski,Professor and Chair, Dept. of Criminal Justice, Northern Arizona University http://www.ojp.usdoj.gov/bjs/pub/ascii/wfbcjcub.txt Crime and Society: A Comparative Criminology Tour of the World: North America, Cuba http://www-rohan.sdsu.edu/faculty/rwinslow/namerica/cuba.html IPS, The Story Underneath, Death Penalty-Cuba: No Abolition in Sight, Patricia Grogg, December 3, 2008 http://ipsnews.net/news.asp?idnews=32861 . Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(The Cuban Legal System - Justice for All Coursework, n.d.)
The Cuban Legal System - Justice for All Coursework. Retrieved from https://studentshare.org/law/1550309-cuban-legal-system
(The Cuban Legal System - Justice for All Coursework)
The Cuban Legal System - Justice for All Coursework. https://studentshare.org/law/1550309-cuban-legal-system.
“The Cuban Legal System - Justice for All Coursework”, n.d. https://studentshare.org/law/1550309-cuban-legal-system.
  • Cited: 0 times

CHECK THESE SAMPLES OF The Cuban Legal System - Justice for All

Racism in Cuba as an Unresolved Issue

hellip; the cuban uprising has opened the space to an increasing stage of racial incorporation in all sectors of economic and social life since 1959.... The foremost historical periods in the cuban revolution are the eras of the republic in 1901-1959, the colonial phase as well as the era after the 1959 revolution (Roberto, 1998).... the cuban times are gone in olden times of socio-economic chauvinism against the gigantic preponderance of the inhabitants....
7 Pages (1750 words) Essay

Giving Guantanamo back to Cuba

As the Secretary of State, I would put into use my duty as the President's prime advisor on US foreign policy and recommend the end to American rule at the cuban based Guantanamo bay detention camp.... Guidance and counseling is imperative because it enables the captives to know that there is hope amidst all the tribulations they face....
5 Pages (1250 words) Case Study

Cuban Legal System and Stereotypes

It opens with the scene when cuban people begin to immigrate to Florida.... The rests of the movie depicts conflicts and life of cuban drug dealers in America and their desire to survive.... Thesis The movie creates negative The movie creates negative stereotypes of cuban people as criminals and drug-dealers.... cuban people are portrayed as low skilled and low educated who agree on any job even if it illegal....
4 Pages (1000 words) Essay

Cuban Art and Associated Legal Issues

This is particularly true with the case of the Billionaire Fanjul family that had a vast collection confiscated and later sold by the cuban government.... he primary difference between the claims for artwork that was looted by the Nazis and the claims for the artwork that was nationalized by the cuban Communist government is in the detail.... hellip; From a legal point of view, the issue of buying art work from Cuba was exempted from the embargoed goods since books and art work were protected under the freedom of expression act enshrined in the US constitution....
10 Pages (2500 words) Case Study

US interaction with Cuba

This was followed by a missile crisis in October 1962, which was termed as the cuban Missile Crisis (Department of State).... The following year the US rescinded all diplomatic ties with Cuba.... all these events further intensified the confrontation between the governments of these two nations.... In April 1961, cuban exiles embarked on an invasion of Cuba, with the blessings and support of a large number of American citizens, in the Bay of Pigs, a place on the south coast of Cuba....
17 Pages (4250 words) Research Paper

Drugs and Crime

In the paper “Drugs and Crime” the author discusses drug abuse, which has been understood as a means of utilizing drugs that is maladaptive and forms a significant detriment to one's functionality.... The term has the connotation of referring to the use of drugs in terms of illicit or street use....
10 Pages (2500 words) Article

Racism in Cuba - an Unresolved Issue

hellip; the cuban revolutionary administration had gone on board on the commitment of getting rid of decades of racial discrimination dating beginning the forthcoming of the Spanish in 1492, while the individual native of the island were killed, and the job slavery of the blacks was introduced.... The foremost historical periods in the cuban revolution are the eras of the republic in 1901-1959, the colonial phase as well as the era after the 1959 revolution (Roberto, 1998)....
7 Pages (1750 words) Essay

Guantanamo Bay Detention Camp

This term paper "Guantanamo Bay Detention Camp" explores Guantanamo Bay, also known as Gitmo, a United States Detention Camp focusing on the political dimension of the detention camp.... nbsp;It later became a political tool, which politicians used for their selfish political agendas.... nbsp;… Guantanamo Bay Detention Camp was used as a propaganda tool for the Bush administration, to create the impression that the U....
9 Pages (2250 words) Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us