Capital punishment in Puerto Rico
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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.
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.{{cite web|url=http://www.deathpenaltyinfo.org/node/881 |title=Puerto Rico and the Death Penalty | Death Penalty Information Center |website=Deathpenaltyinfo.org |access-date=2016-07-22}}
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.S. Doc. 360, 56th Cong., 1st sess., p. 3.
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.{{cite book|author=Puerto Rico. Dept. of Justice|title=Annual report of the Attorney General|url=https://books.google.com/books?id=qG8wAQAAMAAJ&pg=RA2-PA10|year=1923|page=10}} They were both hanged on June 27, 1927.{{cite news |title=Mueren en la horca Clemente y Arocho |url=http://www.eleditor.net/mundo-del-crimen/mueren-en-la-horca-clemente-y-arocho/ |access-date=3 January 2019 |work=El Editor |date=April 18, 2017 |language=es}}{{cite book|title=Tesauro de datos historicos: indice compendioso de la literatura histórica de Puerto Rico, incluyendo algunos datos inéditos, periodísticos y cartográficos|url=https://books.google.com/books?id=IVRnAAAAMAAJ&pg=PA266|year=1949|publisher=Impr. del Gobierno de Puerto Rico|pages=266–}}
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.{{cite web|url=http://www.initiative-gegen-die-todesstrafe.de/ |title=Home- Initiative gegen die Todesstrafe e.V |website=Initiative-gegen-die-todesstrafe.de |date=2016-07-03 |access-date=2016-07-22}}{{cite web|url=http://www.deathpenaltyinfo.org/node/88 |title=Feingold Statements on the Death Penalty | Death Penalty Information Center |website=Deathpenaltyinfo.org |access-date=2016-07-22}} The Puerto Rico's constitution expressly states that "The death penalty shall not exist."{{cite web|url=http://en.wikisource.org/wiki/Constitution_of_the_Commonwealth_of_Puerto_Rico |title=Constitution of the Commonwealth of Puerto Rico - Wikisource, the free online library |website=En.wikisource.org |access-date=2016-07-22}}
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.{{cite web|url=http://www.deathpenaltyinfo.org/node/881 |title=Puerto Rico and the Death Penalty | Death Penalty Information Center |publisher=Deathpenaltyinfo.org |access-date=2016-07-22}}{{cite web | title=Lawguides: International Human Rights Clinic: Death Penalty in Puerto Rico | website=Lawguides at Santa Clara University School of Law | date=August 22, 2012 | url=https://lawguides.scu.edu/c.php?g=5744&p=978693 | access-date=December 16, 2021 | archive-date=December 16, 2021 | archive-url=https://web.archive.org/web/20211216164656/https://lawguides.scu.edu/c.php?g=5744&p=978693 | url-status=dead }}{{cite web | title=Puerto Ricans Angry That U.S. Overrode Death Penalty Ban | website=The New York Times | date=July 17, 2003 | url=https://www.nytimes.com/2003/07/17/us/puerto-ricans-angry-that-us-overrode-death-penalty-ban.html | access-date=December 16, 2021}}