User:Tullybburnalot

From Paradise Station Wiki
Jump to navigation Jump to search

Legal SOP main page body rewrite tingymabobberooo.

LINE STARTS HERE. PLEASE DO NOT EDIT THIS UNLESS YOU ARE DIRECTLY INVOLVED WITH REWRITING LEGAL SOP.

THIS MEANS SERVER STAFF AND APPROVED NON-STAFF ELEMENTS ONLY.

Trials

Foreword

Before you think about putting on a grand trial for the client of the day, here are a couple of things to take into consideration:

1) Trials do not happen for timed sentences. As dictated in Space Law, only Permanent/Capital sentences can legally be brought to trial. Regardless of how much someone asks, you cannot legally represent someone unless they’re either headed for Permanent Imprisonment, the Electric/Injection Chair, the Firing Squad, or the Roboticist’s surgical table;

2) Trials take time. While a trial may be a great opportunity for roleplay and may in fact help uphold proper justice when the evidence is murky, most Security personnel will prefer an expedient application of Space Law rather than go through a (probably lengthy) trial process. You will most likely be ignored most of the time when requesting a trial, and will probably need to contact a higher authority, such as a Captain, a Magistrate or Central Command;

3) Trials are not a TV Show. Trials in-game are nothing like the ones commonly portrayed in Media, and most certainly are not trials by jury. You have the Prosecution and the Defense, and it is their job to ensure that the defendant is declared guilty or innocent, respectively. This decision will fall on the presiding Judge, who will most likely come with baggage themselves. Bottom line: this is Defense VS Prosecution where only tangible evidence matters, and nothing else.

In addition, please remember that Security is not obliged to provide legal representation. Even if the evidence is murky, at best, Security can deny your chance for a trial. In addition, the order of authority goes as such: Head of Security ---> Captain ---> Magistrate. The latter can effectively overrule anyone else in matters of Space Law.

DO: Hold a trial for someone accused of First Degree Murder, but lacking forensic evidence, with the defendant claiming exaggerated charges from Security and/or the victim;

DON’T: Hold a trial for someone the AI caught shooting the CMO in the face after emagging into their office.

What To Do

Let us assume that we now have someone who can legally stand to trial, and the Head of Security/Magistrate/Captain has opted to allow this trial to go through. Here’s what you’ll need to do before a trial:

1) Find a Judge. This will be the person in charge of issuing the final sentence. In most cases, it’ll either be the Head of Security or the Captain but, if possible, try to get a Magistrate to handle the position, if there even is one;

2) Decide who Prosecution and Defense are. If there are two Internal Affairs Agents/Lawyers/Public Defenders aboard the station, this becomes simple. However, if there is only one available, someone needs to take up the mantle of the Prosecution. The Prosecution’s job will be to look at the evidence and attempt to convince the Judge that the defendant is guilty. The Defense’s job is to convince the Judge of the exact opposite;

3) Get a statement. Speak with your client and get their side of the story. A Universal Recorder works wonders, as it allows you to have a handy, ready-to-copy transcript of everything the person said. In addition, getting a statement from the arresting officer and everyone involved is a necessity in order to get all the sides of a story;

  • DO: Stick to the facts and ask questions that lead straight to the point, such as “Where were you?”, “What happened?” or “Who was nearby?”;
  • DON’T: Let the Defendant ramble on in a self-incriminating fashion, or ask questions like “Are you innocent?” or “Who did it?”;

3) Decide who Prosecution and Defense are. If there are two Internal Affairs Agents/Lawyers/Public Defenders aboard the station, this becomes simple. However, if there is only one available, someone needs to take up the mantle of the Prosecution. The Prosecution’s job will be to look at the evidence and attempt to convince the Judge that the defendant is guilty. The Defense’s job is to convince the Judge of the exact opposite;

4) Find a location. Normally, this ends up being the Holodeck, but any place can serve as an impromptu courtroom, provided both the Defense and Prosecution can be present

The Trial

The preferred setup setup for a courtroom is as follows:

1) Magistrate/Captain/Head of Security as the Judge, in a decreasing order of preference;

2) Internal Affairs Agents as the Defense and Prosecution. If no Internal Affairs Agents are available, the Defendant may choose to either represent themselves, or choose someone from the crew to represent them. Security personnel should be picked to form the Prosecution if possible;

3) The only people present at the trial should be the Defendant, relevant witnesses and perhaps the Heads of Staff. Remember, Trials Take Time, and should not be public spectacles. Expediency is key.

Courtroom Proceedings

1) The Prosecution presents its case. This involves presenting all the evidence Security has on the defendant, explaining why it’s relevant, and why it means said Defendant should be declared guilty;

  • DO: Get right to the point in presenting your evidence right away;
  • DON’T: Spend 10 minutes trying to convince the Judge you’re right. That’s for later;

2) The Defense presents its case. The opposite of what the Prosecution does, the Defense’s job is to present either a viable alternative as to why the evidence presents itself as it is, or cast enough doubt onto the entire process that the Defendant cannot reasonably be named as the sole possible suspect;

  • DO: Cast reasonable doubt and present alternate scenarios;
  • DON’T: Accuse Security of anything, nor continuously scream “MY CLIENT IS INNOCENT!!111!!”, "MY CLIENT WAS FRAMED!!!!!11!!!", or any variation thereof;

3) The Defendant is examined. Firstly by the Prosecution, then by the Defense. In this phase, both sides get to ask questions to the defendant regarding the case, the evidence and their involvement thereof. Take care not to abuse your authority, as the Judge has full power to tell you to quit harassing the Defendant if need be;

  • DO: Asks questions like “Where were you at the time of the crime?” or “What were you doing at the time of your arrest?”;
  • DON’T: Ask questions like “You killed them in cold blood, didn’t you?” (for the Prosecution) or “Security was shitcurity in arresting you, weren’t they?” (for the Defence);

4) Any relevant witnesses are examined. Much like in real life, question the witnesses about what they saw, only. It is not your job to spin a story, it is your job to gather the facts, period;

5) Closing statements. Once again, Prosecution followed by the Defense. Here, both sides give out their final conclusions, and it serves as a last effort to convince the Judge that your side is the one that is right;

  • DO: Wrap your arguments in a couple of minutes and deliver your conclusion to the Judge;
  • DON’T: Spend 10+ minutes desperately pleading for mercy;

6) Verdict. Simple as the name implies. The Judge issues a final verdict, which should be considered the defendant’s final sentence

No Lawyers Present?

In the event that there are no Internal Affairs Agents/Public Defenders/Lawyers available, you have a few choices:

1) For the Prosecution:

  • The Magistrate/Head of Security, if they are not the Judge;
  • The Warden;
  • The Detective;
  • The arresting Officer, if applicable

2) For the Defense:

  • The defendant themselves, if they so desire;
  • The Magistrate/NanoTrasen Representative;
  • Any individual that the defendant specifically chooses to be their Defence Attorney;
  • Any volunteer that shows they are well versed in Space Law and Legal Standard Operating Procedure

If all else fails, and a trial simply isn’t possible, consider sending a fax to Central Command and letting them deliberate. Include every bit of evidence related to the case, along with any necessary considerations, and wait for a response.


How To Present An Argument

An Internal Affairs Agent/Public Defender/Lawyer’s entire job revolves around their capability to use their oratory skills. In layman’s terms, this means you’re supposed to be eloquent, and should be capable of producing convincing arguments at the drop of a hat. Your tongue is your tool, as is your brain. As such, we can’t really tell you how to properly present an argument, but we can provide some pointers:

1) Be concise. Do not spend half the trial’s time on a rambling speech that leads nowhere. In most cases, less is more. Get to the point, and stay there, as most of the time, that’s all that’s needed, and people will be much more willing to listen to you;

  • DO: Say things such as “At X time, my client was in Y” or “During the time of the crime, my client was doing Z”;
  • DON’T: Say things such as “My client could not possibly have done this, as he is X and Y and Z and loves puppies and Shitcurity has it out for them”;

2) Be realistic. While it’s understandable that you want to exercise your profession, some cases aren’t worth it. When there’s such a mountain of evidence stacked against someone that the result is a foregone conclusion, it’s best to let Space Law take over directly;

  • DO: Take that case of the murderer who claims he was framed and actually lacks any substantial, non-circumstantial evidence in their case;
  • DON’T: Listen to the person who murdered three others via chainsaw;

3) Have evidence supporting your case. This of course is self-evident. Witness reports and forensics are what you’ll be dealing with mostly. Keep them on backup at all times. In triplicate;

4) Consider special circumstances. There’s an entire section in Space Law for “Special Modifiers” that allow one’s sentence to be altered, reduced or even nullified. Pay close attention to the context of whatever happened and play these cards whenever possible. In some cases, it’s not about whether you can stop the sentence, it’s about whether you can reduce it to something more bearable;

  • DO: Point out your client cooperated with Security during the proceedings;
  • DON’T: Demand a reduction of the sentence over reasons not listed in the Special Modifiers table, such as “My client is a clown, and therefore does not know better”

Advice For The Judge

So, you’ve been chosen as the Judge, and it is now your job to sit and listen to the Prosecution and Defense make their cases and decide on a verdict. Here are a few pointers on how to proceed:

1) Be ethical. If you have a conflict of interest in the case (such as being friends with the Defendant, or having any sort of strong feelings and/or associations with them), it’s best to let someone else take up the mantle;

2) Be fair. You are not here to be a hanging judge. You have been chosen precisely because people believe you are capable of producing a fair judgement when provided with all the evidence. This does not mean, however, you should go light on the defendant either. You must be able to sift through all the non-important material and focus on what matters, and apply Space Law only to the point where it should be applied, no more, no less. A Judge should not be out to satisfy their personal vendettas, or appease a bloodthirsty crew. A Judge is out to make sure Justice is served;

  • DO: Reduce First Degree Murder to Second Degree Murder if the evidence points towards it being unintentional and/or a crime of passion;
  • DON’T: Upgrade Assault to First/Second Degree Murder if the victim later died due to medical malpractice;

3) Listen. Both sides most likely have convincing and valid arguments to put out. As a Judge, it’s your job to carefully listen to both the Prosecution and the Defense, then make a decision based on what they said and presented. Remember, your personal opinions are irrelevant. Only the facts matter in trials. However, it should be noted that personal interpretation of the facts goes a long way. There is a vast difference between premeditated murder and a crime of passion. There is a huge gulf between calculated sabotage, and accidental Toxins release. Listen to what both sides have to say, and make sure you are aware of the context that birthed the circumstances of the crime. Nothing happens in a vacuum, even aboard a space station. Context is King, and Evidence is Queen;

4) Know your limits. In some cases, you simply can’t decide. Either the evidence is too murky, or both sides present such a compelling argument that you can’t settle on a verdict. In such cases, it is perfectly acceptable for you to consult with other members of Command and get their input on the situation

Retrieved from "https://paradisestation.org/wiki/index.php?title=User:Tullybburnalot&oldid=8383"