Puerto Rico - Revision history

IBJadmin at 15:48, 6 March 2025

2025-03-06T15:48:51Z

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	{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"		{\| style="float: right; padding:10px; margin:5px 0px 20px 20px; width: 280px; border: 1px solid darkblue"
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	\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for ~~Andorra~~ </h2>		\|<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;"> Legal Resources for Puerto Rico </h2>
	*The Constitution of the Commonwealth of Puerto Rico 1952<ref>https://faolex.fao.org/docs/pdf/pue126720E.pdf</ref>		*The Constitution of the Commonwealth of Puerto Rico 1952<ref>https://faolex.fao.org/docs/pdf/pue126720E.pdf</ref>

IBJadmin: /* Resources */

2025-03-04T14:19:22Z

Resources

← Older revision		Revision as of 16:19, 4 March 2025
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	==Resources==		==Resources==
			<li>32 Law of Puerto Rico Annotated § 3081.
			<li>32 L.P.R.A. § 3081.
			<li>American Civil Liberties Union (ACLU), Island Impunity: Puerto Rico’s Outlaw Police Forcehttps://www.aclu.org/publications/island-impunity-puerto-ricos-outlaw-police-force
			<li>Amnesty International, Puerto Rico https://www.amnesty.org/en/location/americas/central-america-and-the-caribbean/puerto-rico/
			<li>Centro de Periodismo Investigativo, ‘Mental Health Patients Charged with Crimes in Puerto Rico Spend Years Locked Up by the Government’ (September 2019) https://periodismoinvestigativo.com/2019/09/mental-health-patients-charged-with-crimes-in-puerto-rico-spend-years-locked-up-by-the-government/
			<li>Constitution of the Commonwealth of Puerto Rico (1952) https://faolex.fao.org/docs/pdf/pue126720E.pdf
			<li>Federal Criminal Defense Attorney, Metropolitan Detention Center Guaynabohttps://federalcriminaldefenseattorney.com/federal-bureau-prisons/mdc-guaynabo/#:~:text=Metropolitan%20Detention%20Center%20Guaynabo%20is,houses%20male%20and%20female%20inmates
			<li>Institute for Crime & Justice Policy Research, Puerto Rico - USA https://www.prisonstudies.org/country/puerto-rico-usa
			<li>NYU Law Global, Puerto Rico - GlobaLex https://www.nyulawglobal.org/globalex/Puerto_Rico.html
			<li>Poder Judicial de Puerto Rico, Our Rights https://poderjudicial.pr/eng/community-education/legal-topics/rights-and-duties/our-rights/#:~:text=“The%20right%20to%20life%2C%20liberty,equal%20protection%20of%20the%20laws
			<li>Prison Insider, Puerto Rico - Country Profile (2019) https://www.prison-insider.com/en/countryprofile/porto-rico-2019
			<li>Servicios Legales de Puerto Rico, Servicios Legales de Puerto Rico https://www.servicioslegales.org
			<li>The Hill, ‘What UN Recognition of Puerto Rico’s Right to Independence Means for Congress’ (20 June 2022) https://thehill.com/opinion/civil-rights/3531036-what-un-recognition-of-puerto-ricos-right-to-independence-means-for-congress/
			<li>United States Code Annotated § 119 Puerto Rico.
			<li>Washington Blade, ‘Puerto Rico Number One in Hate Crimes’ (2 February 2021) https://www.washingtonblade.com/2021/02/02/puerto-rico-number-one-in-hate-crimes/

IBJadmin: /* Rights of the Accused */

2025-03-04T14:09:39Z

Rights of the Accused

← Older revision		Revision as of 16:09, 4 March 2025
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	<br><u>§ 10 of Article II of the Bill of Rights</u> within the Puerto Rican Constitution renders unlawful arrests, searches and seizures illegal and unconstitutional. Typically warrants will be required for any arrest, searches or seizures. This is explored in more depth below.		<br><u>§ 10 of Article II of the Bill of Rights</u> within the Puerto Rican Constitution renders unlawful arrests, searches and seizures illegal and unconstitutional. Typically warrants will be required for any arrest, searches or seizures. This is explored in more depth below.
	<br><br>		<br><br>
	A civil case can also be launched against the Commonwealth of Puerto Rico in the case of unlawful arrest, malicious persecution and other unauthorized activities by officials, police officers and other government employees according to <u>§3081 of the Law of Puerto Rico Annotated (LPRA)</u>. This also includes assault and battery. This right also extends to “unofficial work” by members of the police force, hence this would generally include unlawful searches and seizures. There has been recent case law on isolated incidents of this occurring where it cannot be precisely traced who gave what order and it appears that individual police officers or groups of them have been working separately from official orders		A civil case can also be launched against the Commonwealth of Puerto Rico in the case of unlawful arrest, malicious persecution and other unauthorized activities by officials, police officers and other government employees according to <u>§3081 of the Law of Puerto Rico Annotated (LPRA)</u>. This also includes assault and battery. This right also extends to “unofficial work” by members of the police force, hence this would generally include unlawful searches and seizures. There has been recent case law on isolated incidents of this occurring where it cannot be precisely traced who gave what order and it appears that individual police officers or groups of them have been working separately from official orders.
	<br>		<br>
	<br>		<br>

IBJadmin at 14:07, 4 March 2025

2025-03-04T14:07:50Z

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	Justia cites no criminal legal aid organisations for Puerto Rico. There are some civil rights and civil society organisations registered with CauseIQ based on their tax filings, but none of these appear to offer legal aid in criminal cases. Most only do civil cases or focus on preventative measures and the strengthening of civil society.		Justia cites no criminal legal aid organisations for Puerto Rico. There are some civil rights and civil society organisations registered with CauseIQ based on their tax filings, but none of these appear to offer legal aid in criminal cases. Most only do civil cases or focus on preventative measures and the strengthening of civil society.

	~~<br>~~<br>		<br>

	==Source of Defendants Rights==		==Source of Defendants Rights==
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	The US constitution is not directly relevant for Puerto Ricans even if at a federal level it is part of the US’ judiciary; as such, only the fundamental rights recognised by the US Supreme Court (rather than the US constitution) can be invoked by Puerto Ricans (<u>Pueblo v. Casellas Toro</u>).		The US constitution is not directly relevant for Puerto Ricans even if at a federal level it is part of the US’ judiciary; as such, only the fundamental rights recognised by the US Supreme Court (rather than the US constitution) can be invoked by Puerto Ricans (<u>Pueblo v. Casellas Toro</u>).

	~~<br>~~
	<br>		<br>

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	<li>'''Right to Appeal:'''		<li>'''Right to Appeal:'''
	<br><u>§ 1773 of the Code of Criminal Procedure</u> outlines that an appeal may be taken to the Supreme Court after the final order of a court upon the return of the writ of habeas corpus. The party eligible to appeal is the one aggrieved by the outcome of the lower court.		<br><u>§ 1773 of the Code of Criminal Procedure</u> outlines that an appeal may be taken to the Supreme Court after the final order of a court upon the return of the writ of habeas corpus. The party eligible to appeal is the one aggrieved by the outcome of the lower court.

	<br>		<br>
	<br>		<br>
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	In prison there can still be privileged correspondence between inmates and his attorney, the courts, and government officials (<u>1987 Op. Sec. Jus. No. 45.</u>).		In prison there can still be privileged correspondence between inmates and his attorney, the courts, and government officials (<u>1987 Op. Sec. Jus. No. 45.</u>).

	<br><br>		<br>
			<br>

	==Means of Protecting and Enforcing Rights==		==Means of Protecting and Enforcing Rights==
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	<br><br><li>'''Civil Actions:'''		<br><br><li>'''Civil Actions:'''
	<br>The accused can also launch a civil action, for example by claiming that a given law, policy or practice by government authorities is unconstitutional.		<br>The accused can also launch a civil action, for example by claiming that a given law, policy or practice by government authorities is unconstitutional.

			<br>
	<br>		<br>
	~~<br><br>~~

	==Pre-Trial Procedure==		==Pre-Trial Procedure==
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	<br>In Puerto Rico, the police are known both for their corruption and involvement in drug dealing, as well as for the wide-spread police brutality. Puerto Rico has a large police force, the second largest of any state in the U.S.. Systemic police brutality and practices that have long been outlawed in mainland US (such as toxic tear gas) are common in Puerto Rico. Police brutality is known to be worse in poor, Black and Dominican neighbourhoods. The police also systemically fail to investigate domestic abuse allegations, which is especially detrimental in the face of the high numbers of femicides and sexual assault on the island.		<br>In Puerto Rico, the police are known both for their corruption and involvement in drug dealing, as well as for the wide-spread police brutality. Puerto Rico has a large police force, the second largest of any state in the U.S.. Systemic police brutality and practices that have long been outlawed in mainland US (such as toxic tear gas) are common in Puerto Rico. Police brutality is known to be worse in poor, Black and Dominican neighbourhoods. The police also systemically fail to investigate domestic abuse allegations, which is especially detrimental in the face of the high numbers of femicides and sexual assault on the island.

	[<br> <table border="1">		<br> <table border="1">
	<tr>		<tr>
	<td>'''COMPLAINT/INFORMATION'''</td>		<td>'''COMPLAINT/INFORMATION'''</td>
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	</table>		</table>


	<br>		<br>
			<br>
	~~<br><br>~~<br>

	==Court Procedures==		==Court Procedures==

IBJadmin: /* Rights in Prison */

2025-03-04T14:04:15Z

Rights in Prison

← Older revision		Revision as of 16:04, 4 March 2025
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	The Constitution of Puerto Rico’s Bill of Rights is modeled on the <u>Universal Declaration of Human Rights</u> rather than the US Constitution and thus it is ostensibly modulated towards protecting human rights. Puerto Rico is also the only country to enshrine a right to bail in their constitution.		The Constitution of Puerto Rico’s Bill of Rights is modeled on the <u>Universal Declaration of Human Rights</u> rather than the US Constitution and thus it is ostensibly modulated towards protecting human rights. Puerto Rico is also the only country to enshrine a right to bail in their constitution.

	<br>Despite this, the conditions in Puerto Rico’s prisons are known to be abysmal. ~~News headlines speak of~~ violence, overcrowding, lack of sanitation and an absence of medical assistance in Puerto Rico’s prisons~~. Puerto Rico has also dodged calls for reform, by occasionally promising change but not delivering on these promises~~. Further, whilst Puerto Ricans retain the right to vote even if imprisoned, this rings hollow in comparison to the routine human rights violations in Puerto Rico’s prisons.		<br>Despite this, the conditions in Puerto Rico’s prisons are known to be abysmal. Among the problems there are violence, overcrowding, lack of sanitation and an absence of medical assistance in Puerto Rico’s prisons. Further, whilst Puerto Ricans retain the right to vote even if imprisoned, this rings hollow in comparison to the routine human rights violations in Puerto Rico’s prisons.
	<br><br>		<br><br>
	The judiciary is legally required to defer to the Correctional Administration’s assessment regarding the classification of prisoners, for example into a maximum-security prison (<u>Cruz Negrón v Administración de Correción</u>).		The judiciary is legally required to defer to the Correctional Administration’s assessment regarding the classification of prisoners, for example into a maximum-security prison (<u>Cruz Negrón v Administración de Correción</u>).
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	<br><br>		<br><br>
	<li>'''Right to Humane Conditions of Confinement'''		<li>'''Right to Humane Conditions of Confinement'''
			<br>
			The Correctional Administration is responsible for regulating prisons and the conditions within them. It has a constitutional mandate for rehabilitation of prisoners. In this regard, rehabilitation should be their highest priority by law under <u>PR. ST. T. 4. §1112.</u> This suggests that prisons with lesser capacity should be created. It also requires them to provide individualized treatment and keep individualized records of inmates.
			<br><br>
			The <u>Constitution</u> and the laws of Puerto Rico more generally provide strict rules related to overcrowding of prisons and other cruel and unusual treatment (<u>Morales Feliciano v. Romero Barcelo</u>).
			<br><br>
			In prison there can still be privileged correspondence between inmates and his attorney, the courts, and government officials (<u>1987 Op. Sec. Jus. No. 45.</u>).
			<br><bR>
			Inmates should also undergo period evaluation by the Correctional Administration in relation to their social, physical, emotional and mental state and criminal background pursuant to <u> PR. ST. T. 4. §1121</u>.
			<br><br>
			Whilst all of these measures are technically in place, it is important to realise that the law does not necessarily reflect reality. There are routine reports of overcrowding, violence, and inadequate medical care in Puerto Rico’s prisons. Plans for relocating inmates or reducing the capacity of prisons are often not realized. It appears that there are significant issues both in the day-to-day operation of prisons, as well as in the oversight and reporting of the day-to-day operation.
	<br><br>		<br><br>
	<li>'''Right to Medical Care in Prison'''		<li>'''Right to Medical Care in Prison'''
			<br>''Prima facie'' there is a right to medical care in prison, as provided by <u>PR. ST. T. 4. §1112</u>. This requires the Correctional Administration to provide “appropriate medical care and hospital services intended to prevent diseases and the diagnosis, treatment and rehabilitation of the patient”.
			<br><br>
			There has been some case law in relation to “deliberate indifference” by prison. This involves either violence between inmates or medical conditions of inmates that were ignored or inappropriately treated. The general standard of medical care provided has also been described as inadequate (<u>Miranda v. Munoz</u>).
	<br><br>		<br><br>
	<li>'''Right to Mental Health Care'''		<li>'''Right to Mental Health Care'''
			<br>The primary responsibility for medical care and hospital services “to the insane and mentally retarded” lies with the Department of Health rather than the Correctional Administration.
			<br><br>
			By law, if a mental health condition of an accused individual is severe, they should be sent to a specific institution and not the regular prisons.
	<br><br>		<br><br>
	<li>'''Restriction of Rights'''		<li>'''Restriction of Rights'''
			<br>Inmates in Puerto Rico’s prisons are still eligible to vote in elections. Privileged correspondence with attorneys is also possible. However, the practical reality of prisoner’s day-to-day life is naturally greatly restricted by virtue of it being a prison. This is further amplified by the routine overcrowding, violence, and negligence of correction officers that prisoners report.
	<br><br>		<br><br>
	<li> '''Rights of Special Populations'''		<li> '''Rights of Special Populations'''
	<br><br>		<br><br>
	<ul><li>'''''Women'''''		<ul><li>'''''Women'''''
			<br>Female prisoners only made up 3.7% of the prison population in 2018. There are specific prisons for women, such as the Escuela Industrial para Mujeres in Vega Alta. However, some prisons also house both male and female inmates, such as the maximum-security prison MDC Guaynabo. This is a federal prison, meaning that it is run by the US Government rather than Puerto Rican authorities.
			<br><br>
			More typically women are the victims of violent attacks. Puerto Rico has been reporting a high number of femicides and has tried, relatively unsuccessfully, to curb this via legislative measures.
	<br><br>		<br><br>
	<li>'''''LGBT+ Prisoners'''''		<li>'''''LGBT+ Prisoners'''''
			<br>
			Being LGBT+ is not a crime in Puerto Rico. However, LGBT prisoners may still face discrimination and violence in Puerto Rican prisons, especially stemming from the country’s strong Catholic belief.
	<br><br>		<br><br>
	<li>'''''Mentally Ill Prisoners''		<li>'''''Mentally Ill Prisoners''
	'''		'''
			<br>If prisoners are mentally ill to the extent that they could not reasonably be considered responsible by law for their crimes, they will typically be incarcerated in a forensic center rather than a regular prison. However, places are limited and there are reports of many mentally ill prisoners being kept in regular prisons with no form of special treatment. Mental health care in prisons is very limited and generally considered inadequate.
	<br><br>		<br><br>
	<li>'''''Juveniles'''''		<li>'''''Juveniles'''''
	</ul>		<br>Juveniles make up 1.9% of the prison population in 2018. Juveniles are supposed to receive education even whilst in prison, but reports indicate that this is not always realized. Whilst the training centers where juveniles are typically located to in the end do provide education, at first juveniles will be placed in one of three detention facilities. These detention facilities do not provide education. Often juveniles remain in these detention facilities for much longer than anticipated, ranging months and sometimes even years. </ul>
	<br><br><br>		<br><br><br>

	==Resources==		==Resources==

IBJadmin: /* Rights in Prison */

2025-03-04T13:36:15Z

Rights in Prison

← Older revision		Revision as of 15:36, 4 March 2025
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	==Rights in Prison==		==Rights in Prison==
			The Constitution of Puerto Rico’s Bill of Rights is modeled on the <u>Universal Declaration of Human Rights</u> rather than the US Constitution and thus it is ostensibly modulated towards protecting human rights. Puerto Rico is also the only country to enshrine a right to bail in their constitution.

			<br>Despite this, the conditions in Puerto Rico’s prisons are known to be abysmal. News headlines speak of violence, overcrowding, lack of sanitation and an absence of medical assistance in Puerto Rico’s prisons. Puerto Rico has also dodged calls for reform, by occasionally promising change but not delivering on these promises. Further, whilst Puerto Ricans retain the right to vote even if imprisoned, this rings hollow in comparison to the routine human rights violations in Puerto Rico’s prisons.
			<br><br>
			The judiciary is legally required to defer to the Correctional Administration’s assessment regarding the classification of prisoners, for example into a maximum-security prison (<u>Cruz Negrón v Administración de Correción</u>).
			<br><br>
			Puerto Rico has 34 prison facilities and around 10 000 prisoners.
	<br><br>		<br><br>
	<li>'''Right to Humane Conditions of Confinement'''		<li>'''Right to Humane Conditions of Confinement'''

IBJadmin: /* Court Procedures */

2025-03-04T13:31:49Z

Court Procedures

← Older revision		Revision as of 15:31, 4 March 2025
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	<tr>		<tr>
	<td>'''PRE-TRIAL'''</td>		<td>'''PRE-TRIAL'''</td>
	<td> <br>		<td> Unless otherwise specified, the pre-trial court procedure for criminal trials is the same as for civil trials (<u>Rule 112 of the Rules of Criminal Procedure</u>). As such, it is governed by <u>Rules 5, 6, 7, 10, and 11 of the Rules of Civil Procedure</u>.
			<br>
			<li>'''Initial court appearance'''
			<br>Consistent with the <u>Speedy Trial Act</u>, as early as possible before trial an initial status conference should be conducted by the court. Additional status conferences can be scheduled at any time. These conferences serve the purpose of discussing any motions filed, issues that might cause delay, setting a trial date, discussing witnesses, deciding on undisputed facts, the number and use of peremptory challenges, any special trial arrangements such as seating arrangements, and other procedural issues for the trial (<u>Rule 117.1 of the Rules of Criminal Procedure</u>).
			<br><br>
			<li>'''Preliminary hearings'''

			<br>Pursuant to <u>Rule 159 of the Rules of Criminal Procedure</u>, judges are typically responsible for running and organising preliminary hearings and status conferences.
			<br><br>
			<li> '''Pre-trial motions'''

			<br>It is possible to file a pre-trial motion of impoundment if either party desires for parts of the trial or documents to be kept confidential. Under <u>Rule 116C of the Rules of Criminal Procedure</u>, this motion must be sought before the material that is to be impounded is submitted. A motion for impoundment must be presented each time a document or group of documents is to be filed.
			<br><br>
			All motions should be filed including citations and supporting authorities (<u>Rule 147 of the Rules of Criminal procedure</u>). The opposing party always has 14 days after the motion’s filing to write a written opposition. If the opposing party fails to do this, it is deemed to have waived the right for objection.
			<br><br>
			<li>'''Discovery
			'''
			<br>Pursuant to <u>Rule 116 of the Rules of Criminal Procedure</u>, the government may voluntarily disclose within 30 days after arraignment all material discoverable. Counsel is under a duty to confer to eliminate or narrow areas of disagreement. If this is not possible, then a discovery motion should be filed within 14 days of the opposing party’s reply to the discovery request. The opposing party then has 14 days to file a response. All parties are also under a continuing duty to supplement prior disclosure if they realise that it was inaccurate or incomplete.
			<br><br>
			Under <u>Rule 117 of the Rules of Criminal Procedure</u>, the court has to make available at least one copy of all recordings available for examination.
			<br><br>
			Following a request for discovery, the attorney of the government must inform all enforcement agencies that were involved in the criminal investigation regarding the discovery request and obtain all relevant information from them (<u>Rule 116B of the Rules of Criminal Procedure</u>).
	</td>		</td>
	</tr>		</tr>
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	<td><br>		<td><br>
	<li>'''Nature of the Trial'''		<li>'''Nature of the Trial'''
			<br>These statements are true for jury and non-jury trials pursuant to <u>Rule 123 of the Rules of Criminal Procedure</u>.
			<br>Opening statements are non-argumentative and below 30 minutes in length. The examination of witnesses occurs by one attorney for each party. All exhibits should be filed before trial.

	<br><br>		<br><br>
	<li>'''Lawyers'''		<li>'''Lawyers'''
			<br>Pursuant to <u>Rule 162 of the Rules of Criminal Procedure</u>, attorneys have different powers. Their signature to a pleading shall constitute an appearance. They can also file a formal written appearance, but the signature to a pleading is the traditional way of attorneys gaining access to a court trial.
			<br>
			Trial counsel also has a duty to continue to represent the defendant on appeal until relieved by the Court of Appeals.
	<br><br>		<br><br>
	<li>'''Judges'''		<li>'''Judges'''
			<br>Aside from managing the trial and reaching judgements in the absence of a jury, judges may also have the additional roles of: supervising criminal calendars, running status conferences (above), conducting hearings, accepting waivers of indictment, issuing subpoenas and writs of habeas corpus, and approving surety bonds in criminal cases (<u>Rule 159 of the Rules of Criminal Procedure</u>). They can also conduct a verification of consent by offenders to transfer from and to the United States, conduct preliminary hearings, order the preparation of presentence reports, conduct mental competency hearings, hear and determine motions, approve attorney’s expense vouchers, issue arrest and search and seizure warrants, and conduct jury selection.</td>
	</td>
	</tr>		</tr>

	<tr>		<tr>
	<td>'''SENTENCING'''</td>		<td>'''SENTENCING'''</td>
	<td><br>		<td>Sentencing shall be held without unnecessary delay (<u>Rule 132 of the Rules of Criminal Procedure</u>). The probation officer shall present a presentence investigation report. This presentence investigation report includes a detailed written version of the facts (provided by the government to the probation officer). This presentence investigation report must be presented to counsel for both parties at least 35 days prior to the scheduled sentencing hearing. The parties are encouraged to independently seek resolution of any disputed matters in this report. The revised report will then be disclosed. </td>
	</td>
	</tr>		</tr>

IBJadmin: /* Pre-Trial Procedure */

2025-03-04T13:23:46Z

Pre-Trial Procedure

← Older revision		Revision as of 15:23, 4 March 2025
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	<li>'''Arrests'''		<li>'''Arrests'''
	<br>Arrests are generally only lawful if made via an arrest warrant. This arrest warrant can only be issued by a judicial authority on the basis of probable cause. In this arrest warrant, the person or persons to be arrested need to be specified (<u>§10 of the Puerto Rico Constitution under Article II</u>).		<br>Arrests are generally only lawful if made via an arrest warrant. This arrest warrant can only be issued by a judicial authority on the basis of probable cause. In this arrest warrant, the person or persons to be arrested need to be specified (<u>§10 of the Puerto Rico Constitution under Article II</u>).
			<br><br>
	Prima ~~fazie~~ the accused has a right to privacy. This right to privacy can be infringed by certain investigations into personal matters and arresting or searching individuals. To set this right to privacy aside, it is necessary to obtain judicial assent in the form of a warrant (El Pueblo de P.R. v. Loubriel Serrano).		''Prima facie'' the accused has a right to privacy. This right to privacy can be infringed by certain investigations into personal matters and arresting or searching individuals. To set this right to privacy aside, it is necessary to obtain judicial assent in the form of a warrant (<u>El Pueblo de P.R. v. Loubriel Serrano</u>).
			<br><br>
	It is important to distinguish between a warrant to arrest a specific person and a warrant to search and seize. Under a warrant to arrest, the police may enter private premises to arrest this person. They can search premises/furniture/objects that is in the immediate reach of the person under arrest, eg. if the arrested person has dropped something on the floor. However, this power should not be construed too broadly. An arrest warrant does not give the police the power to search the property more generally (El Pueblo de P.R. v. Delgado).		It is important to distinguish between a warrant to arrest a specific person and a warrant to search and seize. Under a warrant to arrest, the police may enter private premises to arrest this person. They can search premises/furniture/objects that is in the immediate reach of the person under arrest, eg. if the arrested person has dropped something on the floor. However, this power should not be construed too broadly. An arrest warrant does not give the police the power to search the property more generally (<U>El Pueblo de P.R. v. Delgado</u>).
	<br><br>		<br><br>
	<li>'''Pre-trial detention'''		<li>'''Pre-trial detention'''
			<br>Puerto Rican law is careful to emphasise that liberty is the norm, and thus any form of detention requires a rigorous justification. Detention prior to trial or without trial can occur, but this is a “carefully limited exception” to the right to liberty. Thus, it is unlawful to detain someone for an unreasonable period before trial according to the <u>Puerto Rican Constitution</u> and the case <u>Pueblo v. Pagán Medina</u>.
			<br>As Puerto Rico is bound by U.S Supreme Court cases, <u>Zadvydas v. Davis</u> stipulates that pre-trial detention is regulated by “stringent requirements”. As such, careful scrutiny of any form of pre-trial detention is required. <u>Pueblo v. Rivera Colon</u> shows that what exactly is deemed an unreasonable period will depend on the circumstances. The courts have not established a definite upper or lower limit, but it needs to be assessed on a case-by-case basis instead.<br><br>
			<li>'''Searches'''
			<br>
			Unreasonable searches and seizures are prohibited in Puerto Rico pursuant to <u>§10 of the Puerto Rico Constitution under Article II</u>. Wire-tapping is also prohibited. Warrants for arrests or searches and seizures are only issued via judicial authority. The necessary basis for such a warrant to be issued is probable cause supported by oath or affirmation.
	<br><br>		<br><br>
	<li>~~'''Searches'''~~		Search warrants also cannot be given in too vague or general a form. Instead, the particular place to be searched needs to be described and the persons to be arrested or things to be seized need to be specified (<u>§10 of the Puerto Rico Constitution under Article II</u>).
			<br><br>
			The purpose of this law is to forbid prosecuting attorneys from issuing such warrants. Often prosecuting attorneys will go before a judge to obtain such a warrant, however, it is crucial that the warrant does not stem from the prosecuting attorneys themselves but from the judge (<u>Olivo v. Tribunal Superior de Puerto Rico</u>). Prosecuting attorneys cannot act as magistrates.
			<br><br>
			These search warrants need to be somewhat specific. Whilst the degree of specificity required will differ depending on the circumstances, this was obviously violated in a case like <u>El Pueblo de P.R. v. Laclaustra Demandado-Peticionario</u>, where a general search of baggage of all passengers by I.R.S. agents was conducted without a warrant.
			<br><br>
			In general, the police will be expected to have a search warrant if they wish to search someone’s property or home. This is premised on the right to privacy. The right to privacy can be set aside by the judiciary in the form of a warrant, or it can be set aside by law in specific cases, such as in the case of a stolen automobile as this can be searched without a warrant (<u>El Pueblo de P.R. v. Delgado</u>). However, caution needs to be exercised in this regard again, as the mere commission of a minor traffic offence does not give police the right to search the vehicle (<u>Marxuach v. Tribunal Superior de P.R.</u>).
			<br><br>
			An important exception to this is that in the case of a threat or emergency situation the need for warrants can be dispelled with. This is, however, a high burden to prove and generally without a warrant any searches or seizures will be both illegal and unconstitutional.
			<br><br>
			To request a warrant, it is necessary to have reasonable motive or probable cause. Mere memory of something is insufficient in this regard (<u>El Pueblo de P.R. v. Calderón Díaz</u>).
			<br><br>
			At times the police may wish to conduct specific searches, such as of boats entering the ports or at arrivals in airports. Generally, a warrant issued will not be general enough to allow the police to search everyone or to search people at random, as seen above. If they wish to do so, they will need to coordinate with federal customs officers or resort to applying to an administrative registry (<u>E.L.A v. Coca Cola Bott. Co</u>).
			<br><br>
			Even if someone gives consent to be searched, this must be treated with caution. The validity of such consent will be evaluated in the totality of circumstances that it was given in (<u>138 D.P.R. 686.</u>). This means that if the accused was pressured to consent to the search, or mislead, or in a situation in which there was a clear power imbalance and they were vulnerable, it is generally unlikely that a court will consider the search, and the evidence obtained through it, admissible at trial (<u>People v. Pérez Olmo</u>).
	<br><br>		<br><br>
	<li>'''Enforcing the rules'''		<li>'''Enforcing the rules'''
			<br>Evidence obtained unlawfully, i.e. without a valid warrant, will generally be inadmissible at trial. Seizure without a warrant gives rise to a presumption of invalidity (<u>People v. Lebron</u>).</td>
	</td>
	</tr>		</tr>

	<tr>		<tr>
	<td>'''LINEUPS AND OTHER IDENTIFICATION PROCEDURES'''</td>		<td>'''LINEUPS AND OTHER IDENTIFICATION PROCEDURES'''</td>
	<td><br>		<td>

			There are specific lineup procedures to be followed for the purpose of identifying a possible perpetrator of a criminal act. These procedures are provided by <u>T. 34A Ap. II, § 252.1</u>. If an arraignment or accusation has already been filed during lineup, then the accused is entitled to the presence of counsel.
			<br><br>
			The lineup shall be composed of at least four persons in addition to the suspect. All of these should have a similar physical appearance to the suspect in sex, colour, race, and also, as far as possible, height, age, weight and attire similar to the suspect. There should never be more than one suspect in a lineup. Visible indications clearly pointing to the suspect shall not be permitted.
			<br><br>
			Prior to the lineup, witnesses are not allowed to see any of the people participating in the lineup. They are not allowed to be informed if a suspect has been arrested. When several witnesses are participating in identifying suspects from a lineup, they are not allowed to communicate with each other. Peace officers should generally interfere as little as possible in the process of the witnesses identifying the suspect. Identification is required in a positive way of the suspect. If the suspect is required to say or do something, then everyone else in the lineup is required to do the same. The police shall make a record of the lineup and a summary of its events.
			<br><br>
			It is also noteworthy that a voice identification is to be conducted only exceptionally and should only be so conducted if there is no other way of identification (<u>Pueblo de P.R. v. Hernández González</u>).
			<br><br>
			The validity of identification depends on the circumstances of the case (<u>People v. Robledo</u>). In assessing the validity, it is important to consider whether the identification is reliable and whether any irregularities occurred during the identification process (<u>El Pueblo de P.R. v. Torres Rivera</u>). It is for the judge and jury to assess the reliability of the lineup.
			<br><br>
			The exact method of identification used is not as important as that it is free, spontaneous and reliable (<u>El Pueblo de P.R. v. Torres Rivera</u>).
			<br><br>
			Simply because a lineup was not held does not mean that the identification is not valid regardless (<u>People v. Robledo</u>). The method chosen for identification will depend on the circumstances. Lineup is recommended where the victim or witnesses do not personally know the suspect (<u>People v. Robledo</u>).
	</td>		</td>
	</tr>		</tr>
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	<tr>		<tr>
	<td>'''INTERROGATION'''</td>		<td>'''INTERROGATION'''</td>
	<td> <br>		<td> The accused has the right to have counsel present both during trial and during pretrial interrogations (<u>Kansas v. Ventris</u>).
			<br>
			In the case that illegal interrogation occurs, and a confession is elicited, this confession is ''prima facie'' invalid unless the interrogation has been conducted properly.
	</td>		</td>
	</tr>		</tr>

IBJadmin: /* Pre-Trial Procedure */

2025-03-04T13:07:11Z

Pre-Trial Procedure

← Older revision		Revision as of 15:07, 4 March 2025
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	<tr>		<tr>
	<td>'''COMPLAINT/INFORMATION'''</td>		<td>'''COMPLAINT/INFORMATION'''</td>
	<td> <br>		<td>
			To make or file information it is unnecessary to obtain judicial consent, as this is reserved only for arrests, searches and seizures (<u>El Pueblo de PR v. José Angel Ortiz Gerena</u>).

	</td>		</td>
	</tr>		</tr>
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	<td><br>		<td><br>
	<li>'''Stops and Frisks'''		<li>'''Stops and Frisks'''
			<br>Stop and frisks is a procedure by which the police stops and momentarily detains people on the street, searching them for weapons and other illegal substances. This is a practice that is widely criticised by civil rights organisations but is generally legal within the U.S. subject to local policing regulations.
			<br><br>
			Puerto Rico is an area where stops and frisks are practiced. Under <u>§10 of the Puerto Rico Constitution under Article II</u>, stop and frisk is generally lawful if the agent of the state has reasonable motives to believe that the suspect was armed and dangerous (<u>People v. Díaz</u>). It is possible to perform this even without a warrant.
			<br><br>
			This practice is particularly problematic when combined with subconscious bias or outright racism as is often experienced by Black and Dominican people in Puerto Rico.

	<br><br>		<br><br>
	<li>'''Arrests'''		<li>'''Arrests'''
			<br>Arrests are generally only lawful if made via an arrest warrant. This arrest warrant can only be issued by a judicial authority on the basis of probable cause. In this arrest warrant, the person or persons to be arrested need to be specified (<u>§10 of the Puerto Rico Constitution under Article II</u>).

			Prima fazie the accused has a right to privacy. This right to privacy can be infringed by certain investigations into personal matters and arresting or searching individuals. To set this right to privacy aside, it is necessary to obtain judicial assent in the form of a warrant (El Pueblo de P.R. v. Loubriel Serrano).

			It is important to distinguish between a warrant to arrest a specific person and a warrant to search and seize. Under a warrant to arrest, the police may enter private premises to arrest this person. They can search premises/furniture/objects that is in the immediate reach of the person under arrest, eg. if the arrested person has dropped something on the floor. However, this power should not be construed too broadly. An arrest warrant does not give the police the power to search the property more generally (El Pueblo de P.R. v. Delgado).
	<br><br>		<br><br>
	<li>'''Pre-trial detention'''		<li>'''Pre-trial detention'''

IBJadmin: /* Pre-Trial Procedure */

2025-03-04T12:58:41Z

Pre-Trial Procedure

← Older revision		Revision as of 14:58, 4 March 2025
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	'''POLICE PROCEDURES'''		'''POLICE PROCEDURES'''
	<br> <table border="1">		<br>In Puerto Rico, the police are known both for their corruption and involvement in drug dealing, as well as for the wide-spread police brutality. Puerto Rico has a large police force, the second largest of any state in the U.S.. Systemic police brutality and practices that have long been outlawed in mainland US (such as toxic tear gas) are common in Puerto Rico. Police brutality is known to be worse in poor, Black and Dominican neighbourhoods. The police also systemically fail to investigate domestic abuse allegations, which is especially detrimental in the face of the high numbers of femicides and sexual assault on the island.

			[<br> <table border="1">
	<tr>		<tr>
	<td>'''~~PRE-TRIAL~~'''</td>		<td>'''COMPLAINT/INFORMATION'''</td>
	<td> <br>		<td> <br>

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	</tr>		</tr>
	<tr>		<tr>
	<td>'''~~TRIAL~~'''</td>		<td>'''ARREST, SEARCH AND SEIZURE LAWS'''</td>
	<td><br>		<td><br>
	<li>'''~~Nature of the Trial~~'''		<li>'''Stops and Frisks'''


	<br><br>		<br><br>
	<li>'''~~Lawyers~~'''		<li>'''Arrests'''

	<br><br>		<br><br>
	<li>'''~~Judges~~'''		<li>'''Pre-trial detention'''
			<br><br>
			<li>'''Searches'''
			<br><br>
			<li>'''Enforcing the rules'''

	</td>		</td>
Line 255:		Line 261:

	<tr>		<tr>
	<td>'''~~SENTENCING~~'''</td>		<td>'''LINEUPS AND OTHER IDENTIFICATION PROCEDURES'''</td>
	<td><br>		<td><br>
	</td>		</td>
	</tr>		</tr>

			<tr>
			<td>'''INTERROGATION'''</td>
			<td> <br>


			</td>
			</tr>
	</table>		</table>