Capital punishment in Puerto Rico

Last updated

Capital punishment in Puerto Rico, an unincorporated territory of the United States, is abolished. However, a number of people were executed in the territory before abolition. A person who commits a federal crime in Puerto Rico can receive the death penalty.

Contents

History

From the 16th century until 1898, Puerto Rico was a part of the Spanish Empire. The number of people executed in Puerto Rico by the Spanish authorities is: 289 in the 16th century, 70 in the 17th century, 44 in the 18th century and 144 in the 19th century. [1]

As a result of the Spanish–American War, Puerto Rico became U.S. territory. 27 people were executed under American administration during the 20th century. The authorized method of execution was hanging, although in 1900, the American military authorities executed at least five convicted murderers using the garrotte method that was a legacy of Spanish rule. [2]

Two men, Arocho y Clemente (Carlos Arocho Guzmán and Jacinto Clemente Echevarría) were sentenced for the rape and murder of a 13-year-old girl. At the time, it was one of the worst crimes in the annals of Puerto Rico crime history. The death penalty sentence on Arocho was appealed and made its way to the U.S. Supreme Court, only to be upheld. [3] They were both hanged on June 27, 1927. [4] [5]

The last person executed in Puerto Rico was Pascual Ramos, hanged for murder in 1927. Two years later, in 1929, the Legislative Assembly of Puerto Rico abolished capital punishment. [6] [7] The Puerto Rico's constitution expressly states that "The death penalty shall not exist." [8]

Despite these provisions, the death penalty can and has been sought for federal crimes committed in Puerto Rico. This has been done under the federal government jurisdiction, for people tried and convicted in federal court. [9] [10] [11]

See also

Related Research Articles

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorised, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.

<span class="mw-page-title-main">Capital punishment by country</span> Overview of the use of capital punishment in several countries

Capital punishment, also called the death penalty, is the state-sanctioned killing of a person as a punishment for a crime. It has historically been used in almost every part of the world. By the 2020s, many countries had abolished or discontinued the practice. In 2022, the 5 countries that executed the most people were, in descending order, China, Iran, Saudi Arabia, Egypt, and the United States.

<span class="mw-page-title-main">Capital punishment in the United States</span> Legal penalty in the United States

In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 20 states currently have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums.

<span class="mw-page-title-main">Capital punishment by the United States federal government</span> Legal penalty in the United States

Capital punishment is a legal punishment under the criminal justice system of the United States federal government. It is the most serious punishment that could be imposed under federal law. The serious crimes that warrant this punishment include treason, espionage, murder, large-scale drug trafficking, or attempted murder of a witness, juror, or court officer in certain cases.

<span class="mw-page-title-main">Capital punishment in Germany</span> Overview of capital punishment in Germany

Capital punishment in Germany has been abolished for all crimes, and is now explicitly prohibited by constitution. It was abolished in West Germany in 1949, in the Saarland in 1956, and East Germany in 1987. The last person executed in Germany was the East German Werner Teske, who was executed at Leipzig Prison in 1981.

<span class="mw-page-title-main">Capital punishment in Australia</span> History of the death penalty in Australia

Capital punishment in Australia was a form of punishment in Australia that has been abolished in all jurisdictions. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968. The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the Commonwealth Parliament passed legislation prohibiting the re-establishment of capital punishment by any state or territory. Australian law prohibits the extradition or deportation of a prisoner to another jurisdiction if they could be sentenced to death for any crime.

Capital punishment is a legal penalty in Israel. Capital punishment has only been imposed twice in the history of the state and is only to be handed out for treason, genocide, crimes against humanity, and crimes against the Jewish people during wartime. Israel is one of seven countries to have abolished capital punishment for "ordinary crimes only."

Capital punishment in Connecticut formerly existed as an available sanction for a criminal defendant upon conviction for the commission of a capital offense. Since the 1976 United States Supreme Court decision in Gregg v. Georgia until Connecticut repealed capital punishment in 2012, Connecticut had only executed one person, Michael Bruce Ross in 2005. Initially, the 2012 law allowed executions to proceed for those still on death row and convicted under the previous law, but on August 13, 2015, the Connecticut Supreme Court ruled that applying the death penalty only for past cases was unconstitutional.

<span class="mw-page-title-main">Capital punishment in Alabama</span> Legal punishment in Alabama

Capital punishment in Alabama is a legal penalty. Alabama has the highest per capita capital sentencing rate in the United States. In some years, its courts impose more death sentences than Texas, a state that has a population five times as large. However, Texas has a higher rate of executions both in absolute terms and per capita.

Capital punishment was abolished in Colorado in 2020. It was legal from 1974 until 2020 prior to it being abolished in all future cases.

Capital punishment in Peru was last used in 1979. In the same year, the death penalty was abolished for ordinary crimes. Peru is one of seven countries that has abolished capital punishment for "ordinary crimes only." Peru voted in favor of the United Nations moratorium on the death penalty in 2007, 2008, 2010, 2012, 2014, 2016, 2018, and 2020. Peru is not a signatory to the Second Optional Protocol to the International Covenant on Civil and Political Rights.

Capital punishment is abolished in the District of Columbia. However, a number of executions were carried out under the District's jurisdiction before abolition. These executions should be distinguished from cases such as the 1942 execution of the six Nazi saboteurs which took place in the District, but under the jurisdiction of the Federal Government.

Capital punishment is currently a legal penalty in the U.S. state of Kansas, although it has not been used since 1965.

Capital punishment is a legal punishment in Pennsylvania. Despite remaining a legal penalty, there have been no executions in Pennsylvania since 1999, and only three since 1976. In February 2015, Governor Tom Wolf announced a formal moratorium on executions that is still in effect as of 2023, with incumbent Governor Josh Shapiro continuing Wolf's moratorium. However, capital crimes are still prosecuted and death warrants are still issued.

Crime in Puerto Rico describes acts of violent and non-violent crime that take place within the Commonwealth of Puerto Rico.

Capital punishment has been abolished in Iowa since 1965. Forty-five men were executed by hanging in Iowa between 1834 and 1963 for crimes including murder, rape, and robbery.

Capital punishment was formerly used by the state and former territory of Minnesota until its abolition in 1911.

Capital punishment in Hawaii ended in 1957 when it was still an organized incorporated territory of the United States. About 75 people were executed by the government, all for the crime of murder, and all by hanging. Additionally during and after World War II, at least seven U.S. servicemen were executed by the United States Armed Forces by order of a general court martial.

References

  1. "Puerto Rico and the Death Penalty | Death Penalty Information Center". Deathpenaltyinfo.org. Retrieved 2016-07-22.
  2. S. Doc. 360, 56th Cong., 1st sess., p. 3.
  3. Puerto Rico. Dept. of Justice (1923). Annual report of the Attorney General. p. 10.
  4. "Mueren en la horca Clemente y Arocho". El Editor (in Spanish). April 18, 2017. Retrieved 3 January 2019.
  5. Tesauro de datos historicos: indice compendioso de la literatura histórica de Puerto Rico, incluyendo algunos datos inéditos, periodísticos y cartográficos. Impr. del Gobierno de Puerto Rico. 1949. pp. 266–.
  6. "Home- Initiative gegen die Todesstrafe e.V". Initiative-gegen-die-todesstrafe.de. 2016-07-03. Retrieved 2016-07-22.
  7. "Feingold Statements on the Death Penalty | Death Penalty Information Center". Deathpenaltyinfo.org. Retrieved 2016-07-22.
  8. "Constitution of the Commonwealth of Puerto Rico - Wikisource, the free online library". En.wikisource.org. Retrieved 2016-07-22.
  9. "Puerto Rico and the Death Penalty | Death Penalty Information Center". Deathpenaltyinfo.org. Retrieved 2016-07-22.
  10. "Lawguides: International Human Rights Clinic: Death Penalty in Puerto Rico". Lawguides at Santa Clara University School of Law. August 22, 2012. Archived from the original on December 16, 2021. Retrieved December 16, 2021.
  11. "Puerto Ricans Angry That U.S. Overrode Death Penalty Ban". The New York Times. July 17, 2003. Retrieved December 16, 2021.