Puerto Rico

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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.

The Legal system

The complicated relationship with the United States is also visible in the legal situation within the country. Puerto Rico has a hybrid system that has both common law and civil law elements. This is due to Puerto Rico’s history as first a Spanish colonial state, and then a US protectorate.
The country’s court system is similarly fractured; at a lower level, cases are handled in Spanish by the local/district court. However, once cases reach federal level, the same cases will be tried in English by the federal court. As such, lawyers in Puerto Rico are expected to speak both English and Spanish fluently. Cases are not separately tried in these two court systems, instead they are both part of a one court system. This means that the same case can first be tried at a local level and then be appealed to federal level but will not be tried separately in both courts.

Puerto Rico at a federal level is also considered a judicial district of the US and thus at a federal level the US Federal Rules of Criminal Procedure apply. This is different to the local level, where the Rules of Criminal procedure apply.

Legal Aid

There is no public legal aid offered, however there are numerous private organisations that are in part funded by US non-profits and similar organisations. One of the largest is “Servicios Legales de Puerto Rico”, which is also quoted by official US sources as the main point of contact for legal aid. However, this organisation is only involved in civil cases.

Further, it is important to note that SLPR cites that 50% of Puerto Ricans would be eligible for their legal aid based on poverty levels. This implies that even if much legal aid is offered in Puerto Rico, it is unlikely to suffice as so many people require it.

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.

Source of Defendants Rights

Puerto Rico has a constitution since 1951 that outlines the basic structure of government, the relationship with the US and the rights of its citizens.
The main sources of defendant’s rights in criminal cases are the Puerto Rican Constitution, the Rules in Criminal Procedure and indirectly the Penal Code on a domestic level.
The U.S. constitution does not technically apply to Puerto Ricans, but the Puerto Rican courts are bound by the U.S. Supreme Court.

Internationally, Puerto Rico is not a member state of the UN as it cannot properly be considered a state. Recently in Commonwealth of Puerto Rico v. Sanchez Valle, the US Supreme Court ruled that Puerto Rico’s sovereignty is dependent on the United States (and can thus not properly be considered sovereignty). As such, claiming international law rights can be difficult for Puerto Ricans as the US often has quite a critical stance towards international law.

Whilst the Universal Declaration of Human Rights could technically be invoked in Puerto Rico (not as a treaty but as customary international law), in practice this could be difficult due to the US’ complicated relationship with international human rights treaties and their tendency to interpret these liberally.

In Puerto Rico, civil rights (which are different to human rights!) can be legally protected by invoking the Bill of Rights of the Constitution of the Commonwealth of Puerto Rico and case law generally.

In similar style to US law, laws in Puerto Rico can be struck down when it violates the constitution. Thus, if a victim’s constitutional rights are violated, they can launch a claim against the state with the effect that that particular law is invalidated for everyone. As the constitution protects rights such as human dignity, protection from cruel and unusual punishment, and habeas corpus this can become relevant for certain victims.

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 (Pueblo v. Casellas Toro).

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