Here comes the history lesson on Cuba, I am learning the legal system from scratch. I wanted to explain the 14th amendment, the due process clause. This makes justice happen in America when determining case final verdict. I would like to understand the place I was born to expertise level. Especially since I am a felon myself with no rights, but a citizenship in America. I’m growing as I am writing my understanding of the laws in Cuba. I don’t agree with a country that has no freedom of speech. They are sending us send us help signals for all that is happening there, to the point lyrics are a punishable crime. If there is a way, I can include music law I would. I wanted to break down the way sentences in prison are sentenced. The adult age is 16 to be in prison, which in America is considered juvenile detention. There is a difference unless a child commits an adult crime than the age to be charged as an adult is 7 years old. The crime for the 7 year old would be extreme charge such as murder but not limited.
According to Britannica,
“ Its jurisdiction includes theft, violent crime, and offenses involving state security, the military, and the workplace (including labour practices). The provincial courts deal with cases that warrant sentences of up to six years’ imprisonment. Below the provincial courts are municipal courts, which are usually the courts of first appeal. The National Assembly may recall judges at any time. Most trials are public, except for many military tribunals and cases involving political dissent. There are no trials by jury. The police often detain political dissenters, and those who are deemed “counterrevolutionary” or anti-socialist may be denied due process. Prison conditions in Cuba are as harsh as in most other countries in the region, and many prisoners suffer from malnutrition and disease. There are separate prisons for women and youths, but political prisoners are often grouped with violent offenders. Cuba has carried out the death penalty for some offenses, including drug trafficking”
I wanted to explain the 14th amendment which includes due process.
Britannica definition
“due process, a course of legal proceedings according to rules and principles that have been established in a system of jurisprudence for the enforcement and protection of private rights. In each case, due process contemplates an exercise of the powers of government as the law permits and sanctions, under recognized safeguards for the protection of individual rights.
The difference is the mandatory sentences is six years for majority of all charges. I want to understand why all charges are treated similarly. There are crimes that are charged for minor, the arrestee has no say because officials can charge without evidence. That’s when the process of breaking down the verdict is not reached, and everyone is considered guilty without proven innocence.
“The justice system is subordinate to the legislative and executive branches of government. It is headed by the People’s Supreme Court, the magistrates and lay judges of which are elected by the National Assembly or by the Council of State”
I wanted to include what’s the difference in between the legislative and executive branches in America.
“The Legislative part of our government is called Congress. Congress makes our laws. Congress is divided into 2 parts. One part is called the Senate. There are 100 Senators–2 from each of our states. Another part is called the House of Representatives. Representatives meet together to discuss ideas and decide if these ideas (bills) should become laws. There are 435 Representatives. The number of representatives eachx state gets is determined by its population. Some states have just 2 representatives. Others have as many as 40. Both senators and representatives are elected by the eligible voters in their states.”
The executive branch approves the legislatives and puts the bills proposed by the legislative branch into execution or disapproval. The decision is made by the president.
The national Security in Cuba different, they have what is similar to the branches in separation of states but not in legal proceedings.
Britannica
“The dividing lines between state security, national (military) defense, and criminal matters have long been blurred in Cuba. The Ministry of the Interior oversees state security, including the Border Guard, regular police forces, and agencies concerned with political dissent. The Cuban police force is nationally organized into principal, municipal, and barrio (neighbourhood) divisions”
The electoral college in “In 1992 modifications in the electoral law permitted direct elections of members of the National Assembly. About half of the elected members now also serve on municipal councils, while the remainder serve at large and are therefore not beholden to a designated constituency. There is no party slate and candidates need not belong to the official Cuban Communist Party. Delegates receive no compensation for their political service. There is considerable competition for elected office, despite the low opinion that many Cubans hold for delegates and government in general”
The political service is chosen within their system and its mandatory involuntarily to vote.
The votes are not all submitted made only selective ballots are chosen in Cuba.
It’s not a vote as in America where it’s based on the voting system chosen united vote amongst society. There are polls waiting in America based on the democratic and republican. Voting in America is required, bills passed when change is needed. All politicians usually are attorneys making the required paperwork when a bill is created from scratch. Some bills can be created of protesting and is noticed so the act for change starts being a priority.
The prison conditions in Cuba are killing the incarcerated for lack of food and medical assistance.
Britannica
“Prison conditions in Cuba are as harsh as in most other countries in the region, and many prisoners suffer from malnutrition and disease. There are separate prisons for women and youths, but political prisoners are often grouped with violent offenders. Cuba has carried out the death penalty for some offenses, including drug trafficking’
The death penalty is something I don’t agree with as a human being.
Britannica
“In 1794 the U.S. state of Pennsylvania became the first jurisdiction to restrict the death penalty to first-degree murder, and in 1846 the state of Michigan abolished capital punishment for all murders and other common crimes. In 1863 Venezuela became the first country to abolish capital punishment for all crimes, including serious offenses against the state (e.g., treason and military offenses in time of war). San Marino was the first European country to abolish the death penalty, doing so in 1865; by the early 20th century several other countries, including the Netherlands, Norway, Sweden, Denmark, and Italy, had followed suit (though it was reintroduced in Italy under the fascist regime of Benito Mussolini). By the mid-1960s some 25 countries had abolished the death penalty for murder, though only about half of them also had abolished it for offenses against the state or the military code. For example, Britain abolished capital punishment for murder in 1965, but treason, piracy, and military crimes remained capital offenses until 1998.”
Also the definition of death penalty,
The fourteen amendment states
“capital punishment, also called death penalty, execution of an offender sentenced to death after conviction by a court of law of a criminal offense. Capital punishment should be distinguished from extrajudicial executions carried out without due process of law. The term death penalty is sometimes used interchangeably with capital punishment, though imposition of the penalty is not always followed by execution (even when it is upheld on appeal), because of the possibility of commutation to life imprisonment”
The death penalty is ruled out in many states in current times. I consider inhumane because it’s a documented death. I always bring in religion because the death of a human shouldn’t be left at the hands of anyone. When being in Cuba the due process is denied when assigning the death penalty to officials that can charge anything without any evidence. This is inhumane as action because the whole country has charges that are considered adult to be 16 yrs old. Then to top it off there is no due process, so evidence is not required to prove final verdict. America must show evidence for any case to be proceeded in then court of law. There is no automatic charge or sentence as compared to Cuba where it’s six years for about anything.
Britannica explains the origin of the due process
“The first concrete expression of the due process idea embraced by Anglo-American law appeared in the 39th article of Magna Carta (1215) in the royal promise that “No freeman shall be taken or (and) imprisoned or disseised or exiled or in any way destroyed…except by the legal judgment of his peers or (and) by the law of the land.” In subsequent English statutes, the references to “the legal judgment of his peers” and “laws of the land” are treated as substantially synonymous with due process of law. Drafters of the U.S. federal Constitution adopted the due process phraeology in the Fifth Amendment, ratified in 1791, which provides that “No person shall…be deprived of life, liberty, or property, without due process of law.” Because this amendment was held inapplicable to state actions that might violate an individual’s constitutional rights, it was not until the ratification of the Fourteenth Amendment in 1868 that the several states became subject to a federally enforceable due process restraint on their legislative and procedural activities.”
This must change in the system in Cuba on how sentences are charged without evidence. In America it has happened for centuries that no person should be deprived of life. I don’t agree with the death penalty, but the freedom of speech is not allowed in Cuba. People are dying in the harsh state of the prison system in Cuba for malnutrition. This needs change and hopefully America starts interfering with Cuba. There are family reunification bills for Cuba changes made by Miami. While I’m learning you are growing with me.
One more thing, the reason I don’t know about Communism is because I was always picked on when I was little and it kinda made me hate the term. I didn’t know the definition but the people who bullied me meant it because they were being racist towards my culture because they were American. I’m not hiding anything so it’s not because I didn’t care. I was always attacked by the term so here’s the truth. This is where I was born is why I’m dedicating law because I still have mi primos viviendo ahi. Y tambien mi tia abuelas. I want the safety of my family members and the entire Cuba.
Cuba entire justice system needs to be reviewed because America doesn’t have a consulate in Cuba. The most America can do for Cuba is to save their legal proceedings. All the changes in Cuba with Miami are coming from mayors of Florida.
A country with no freedom of speech, is like being in prison and speak when spoken to. That is not a way of living for any human. No evidence in court to prove case, its guilty there is no due process so even innocents’ humans and children are incarcerated. For justice to exist and not a mandatory six years for no evidence is not justice. There is no such thing as justice in Cuba.
We have felons incarcerated for lyrics to explaining freedom is what Cuba is needed. The whole country is depressed, and they have every right to be. There are gunpoint daily pointed at residents from officials which in America is martial law. Cuba lives under martial law because regular innocent protestors are getting killed on a natural basis. This is no way for anyone to live.
We need to make changes and save Cuba from its inhumane justice system. The justice system chooses selected ballots that benefit who they want in office and not based on voting system. what’s the point of having countries hope for change be regarded as a criminal crime for stating their opinion.
Bibliography
https://www.investopedia.com/terms/d/due-process.asp
https://constitutioncenter.org/interactive-constitution/interpretation/amendment-xiv/clauses/701
https://www.britannica.com/topic/Fourteenth-Amendment
https://www.britannica.com/topic/due-process
https://www.trumanlibrary.gov/education/three-branches/three-branches-of-government
https://www.britannica.com/place/Cuba/Local-government#ref515660
https://www.britannica.com/topic/capital-punishment/Arguments-for-and-against-capital-punishment
