Puerto Rico

	English

   ⚠️ THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW. 
If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at internationalbridges@ibj.org.

Legal Resources for Andorra The Constitution of the Commonwealth of Puerto Rico 1952 E-Learning Resources eLearning Courses for Criminal Defense lawyers

Background

Puerto Rico, officially the Commonwealth of Puerto Rico, is an island in the Caribbean that is an unincorporated territory of the United States. Historically it was ruled by the Spanish and was a strategic point in Habsburg Spain’s domination of Central America. It was only after the Spanish-American War of Succession that the United States acquired control of the territory. Throughout the 20th century, Puerto Ricans gradually acquired more rights vis-à-vis the United States. Whilst the United States President is technically the President of Puerto Rico (despite Puerto Ricans not being eligible to vote in the United States), Puerto Ricans do automatically have US citizenship and can elect their own governors. However, their relationship with the US has always been complicated, with critics suggesting that the main reason that Puerto Ricans were awarded US citizenship in the first place was so that they could be drafted in World War I.

Due to Puerto Rico’s colonial past, more than 90% of Puerto Ricans are Hispanic. The official languages are both English and Spanish, albeit Spanish is what the vast majority of Puerto Ricans would consider their native language. English is taught in all schools but moves for more English lessons are met with fierce opposition, perhaps because the teachers themselves do not speak much English. As Puerto Rico is located close to the island of Hispañola, an issue that Puerto Rico faces is immigration from the Dominican Republic.

Puerto Rico is also an important location for the transatlantic drug trade, with lots of drug-related activity both through and within the country. Further, Puerto Rico also faces a lot of violence. At one point, it was the 6th most dangerous place in the world and there are commonly over 500 murders per year. A further issue within Puerto Rico is corruption, especially corruption of the police force. Recently numerous arrests have been made in this regard, but the issue persists and is likely amplified by the difficult economic situation in the country.

Source of Defendants Rights

NATIONAL SOURCES OF DEFENDANT'S RIGHTS:

INTERNATIONAL SOURCES OF DEFENDANT'S RIGHTS:

Rights of the Accused

Right Against Unlawful Arrests, Searches, Seizures and Unlawful Detention:

Right not to be Tortured or Ill treated

Right to Medical Care:

Right to be Informed of Charges:

Right to Presumption of Innocence:

Right Against Self-Incrimination:

Right to Present a Defence:

Right to Due Process:

Right to Equal Protection of the Laws:

Right to Bail:

Right Against Ex Post Facto Prosecution:

Right Against Double Jeopardy:

Right to a Fair Trial:

• Right to a Speedy Trial:
• Right to an Impartial Judge:

Right to Language Interpretation:

Right to Habeas Corpus:

Capital Punishment:

Right to Appeal:

Rights of Counsel

Means of Protecting and Enforcing Rights

Exclusionary rule

Nullity of Procedure

Contempt

Pre-Trial Procedure

POLICE PROCEDURES

Complaint/Information

Arrest, Search and Seizure Laws:

ARRESTS

SEARCHES AND FRISKS

PRE-TRIAL DETENTION

Interrogation:

Court Procedures

PRE-TRIAL
TRIAL	Nature of the Trial Lawyers Judges
SENTENCING

Rights in Prison

Right to Humane Conditions of Confinement

Right to Medical Care in Prison

Right to Mental Health Care

Restriction of Rights

Rights of Special Populations

• Women
  
  
• LGBT+ Prisoners
  
  
• Mentally Ill Prisoners
  
  
• Juveniles

Resources