Difference between revisions of "Legal Standard Operating Procedure"

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(Updated Legal Standard Operating Procedure)
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5. Prisoner must then be borged, fired into space via mass driver, cremated, or placed in the morgue with a DNR Notice, at the discretion of the Magistrate, Captain or Head of Security.
5. Prisoner must then be borged, fired into space via mass driver, cremated, or placed in the morgue with a DNR Notice, at the discretion of the Magistrate, Captain or Head of Security.
=Parole=
As stated in Space Law, individuals may be Paroled for their crimes. This section will provide some insight as to how this process works.
Parole is defined as a situation where a prisoner is released from the Brig before their given sentence is up. This happens under the assumption that said prisoner will no longer commit any crimes.
Parole is, of course, a continuous process. Paroled personnel must be kept under surveillance at all times, and watched closely for signs of recidivism. If the Paroled person commits a crime while on Parole, they are deemed to have Broken Parole, and must then be brigged for the crime they committed, and the original crime from which they were Paroled. In addition, they are then fully disqualified for future Parole.
Enemies of the Corporation, however, have specific circumstances, which are detailed in Space Law.
The question is, of course, when to Parole someone. When paroling Non-Capital personnel, the severity of their actions and the chance of recidivism should be considered. Namely, how much damage the person in question caused, and how likely they are to repeat the stunt. Similarly, the person's cooperation (or lack thereof) with Security should be taken into consideration.
Long story short, Parole should be offered for crimes of a lesser nature and/or to personnel that are unlikely to commit crimes again.
When it comes to Capital Crimes, Parole is not advised unless the station is in an active crisis and the person in question can help solve this crisis, such as a Traitor being permitted to fight a massive Blob Organism.
=Mindshield Implants=
Mindshield Implants are specialized, NanoTrasen-brand implants that protect whoever they are installed into from brainwashing techniques commonly associated with both the Syndicate and the Cult of Nar-Sie. For this reason, all members of Security, in addition to the Captain, NanoTrasen Representative and Blueshield, are issued Mindshield Implants by default, as a security measure.
While procedures for a Revolution are already detailed in General Standard Operating Procedure, it is important to note other situations in which Mindshield Implantation may be used:
Firstly, all new hires to the Security Department, or the positions of Captain, Blueshield or NanoTrasen Representative, are to receive a Mindshield Implant, as per NanoTrasen policy.
Similarly, all personnel that are successfully deconverted from the Cult of Nar-Sie's influence may be given a Mindshield Implant, at the discretion of the Head of Security. This is not advised if the deconverted person does not wish to receive the implant.
Lastly, personnel that have been Mindslaved should be offered a Mindshield Implant in order to prevent further brainwashing.
=Evidence Storage Procedures=
''Physical evidence is defined as any object that can be used to prove that a particular person has committed a crime.''
1. All evidence confiscated from arrested personnel is to be properly analyzed, then stored in Evidence Storage, either in the lockers in the Forensics Lab, or in the Evidence Storage Room in the Prison Wing;
2. Stored evidence is not be removed from Evidence Storage unless it is required for a trial;
3. As per 211 - "Abuse of Confiscated Equipment", stored evidence is not to be used;
4. As an exception, all stored Contraband that does not directly relate to a crime may be used by Security, at the discretion of the Head of Security
=[[File:Ia_consultant.png|32px]][[Internal Affairs]]=
1. Internal Affairs Agents are only to provide legal representation for personnel facing a Capital Sentence. They should, however, ensure that their timed sentence is applied correctly, and alert Security if it is not. In addition, Internal Affairs Agents are permitted to provide legal advice for Security and prisoners, as well as investigating whether or not arrests were done properly;
2. Internal Affairs Agents must request permission from any potential client before serving as their legal representative, as said client may choose to either represent themselves, or request someone else;
3. Internal Affairs Agents are not to deliberately halt or slow down prisoner processing or ongoing investigations. If Security is acting in a demonstrably incompetent manner, contacting the Head of Security or the Captain is highly recommended. If more information about the crime in question is needed, Agents should wait until the person in question was brigged;
4. Internal Affairs Agents are to ensure that Standard Operating Procedure is being properly followed, when applicable, and to contact the relevant Head of Staff when it is not;
5. Internal Affairs Agents are to attempt to resolve all Standard Operating Procedure issues locally before contacting Central Command. This should be done in tandem with Command and, if possible, personnel in the relevant Department. If a valid report is ignored by the relevant Head of Staff, the Captain is to be contacted. If the Captain ignores the report, then Central Command and/or the NanoTrasen Representative must be contacted
=[[File:Magistrate.png|32px]][[Magistrate]]=
1. Magistrates are to ensure that Space Law is applied correctly. If it is not, they are to make it so;
2. Magistrates have the final say on whether or not Trials take place, and should ensure they should only occur for Capital Sentences. Similarly, Magistrates are to ensure that Trials do not happen for Defendants that are self-evidently guilty;
3. Magistrates can overrule anyone in all matters concerning Space Law. This does not extend to Emergency Response Teams, Central Command Officials or direct Central Command communications;
4. Magistrates are not above Space Law. Similarly, they cannot overrule Security on their own sentence. If a Magistrate attempts to do this, contact Central Command immediately;
5. Magistrates are not to concern themselves with matters of Standard Operating Procedure. However, they are to ensure that the Internal Affairs Agents under their command are handling such matters;
6. Magistrates may not impede the expedient functioning of Security for the sake of micromanaging every aspect it. They should only concern themselves with crimes that either have fuzzy evidence, or require careful deliberation of circumstances;
7. Magistrates are to contact Central Command immediately if their decisions are being ignored, provided said decision actually match up with Space Law and Standard Operating Procedure. Please see this guide for more information on how to write a good fax.
=Internal Affairs Range of Action=
NanoTrasen provides job openings for Internal Affairs Agents precisely to ensure that the crew can be given legal representation in cases where Capital Sentences may not be fully justified. These openings are also there to allow for said Agents to ensure that Standard Operating Procedure and Space Law are being followed correctly, and to attempt to amend infringements on the field.
That said, however, the access given to Internal Affairs Agents is a privilege, not a right. An Internal Affairs Agent may be, and should be, ejected from the Brig if they are actively impeding Security from doing their job in an effective and expedient manner. Remember, Internal Affairs Agents do not have any authority to demand anything. If they are acting against the best interests of the station and its safety, they may be ignored.
As such, actions such as the following should be avoided if you are an Internal Affairs Agent:
1. Attempting to release a prisoner, or removing them from their cell for an interview, without contact Security and receiving their approval;
2. Distracting Security with cries of innocence, or attempting to use Central Command faxes as a threat/leverage;
3. Providing prisoners with any items except simple foodstuffs;
4. Deliberately omitting facts when handling cases in order to "win" the case
Keep in mind that this list is, by no means, a full representation of all the things you should not be doing as an Internal Affairs Agent. It is, however, a good example of the kind of actions you should be avoiding.


=Trials=
=Trials=
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==Foreword==
==Foreword==


Before you start reading this article all eagerly, waiting to re-enact JAG or Law and Order, there are a few things you need to know.
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;


First, '''trials do not happen often.''' Why? A number of reasons, really. First, [[Space Law#Legal Representation and Trials|Space Law]] itself dictates that trials may '''not''' be held for timed sentences, which means that no matter how a prisoner begs or whines, you are only allowed to represent him if he's facing a permanent sentence or capital punishment. Even then, they're '''not mandatory,''' just suggested.
'''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.


Second, '''trials take time'''. A trial is a great opportunity for role play, but some players prefer to work with their hands or take an active role in the station's goings-on. You may face opposition or be outright ignored by the heads of staff when seeking to provide legal representation. Remember that there are always [[Internal Affairs|avenues]] to voice your concerns if you find yourself frequently stonewalled.
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.


Third, and lastly, it's '''not a TV show,''' nor is it a trial by jury. If you're expecting a judge and a jury, you're going to be disappointed. Well, you'll be disappointed until you remember the [[Assistant|average]] [[Clown|conduct]] of the average NT employee. Trials are done in the format of a hearing or a tribunal for the purpose of '''expedient''' justice.
Only the Magistrate, Captain or Head of Security may convene a trial. The Magistrate can overrule the Captain and Head of Security, while the Captain can only overrule the Head of Security.


When you sign up as a Lawyer, you need to be prepared for the possibility of sitting in your office with nothing to do for rounds at a time. Take heart, though, beleaguered defender of justice, for the few glorious moments in which others call upon you far, far outshine the dullness of the average shift.
However, keep in mind that Security can and should refuse legal representation to a person, even if the Magistrate orders a trial, in any of the following circumstances:


==What to Do==
1. The Defendant is obviously guilty/innocent given the evidence provided;
So you've actually found someone who needs representation, and even better, the Head of Security agrees a trial is in order! Chances are, he, the Captain, and the Head of Personnel are all running around the station, so '''if there's time''', here's what you should do to prepare.


# Get your briefcase, a pen, some paper, and a universal recorder.
2. The station is currently in an active crisis requiring the entirety of Security. In this case, the Defendant should still be given a trial if the crisis is resolved
# Take a deposition from the accused, making sure to record it and print the transcript for ease of reference. This will require brig access if you don't have it, and be sure to notify the Warden or the HoS that you're going in to take a statement.
 
## For those of you that don't know Legalese, a deposition is a statement which is used as evidence. Therefore, if you're defending, you'll want to make sure the accused doesn't make himself out to look like a jackass, unless you've got a specific angle in mind.
'''DO:''' Hold a trial for someone accused of Murder, but lacking forensic evidence, with the defendant claiming exaggerated charges from Security and/or the victim;
## If there is more than one Lawyer aboard the station, one of you needs to prosecute and the other needs to defend. In which case, the defense takes a deposition from the accused while the prosecution takes a deposition from the HoS or any witness to the crime. '''Choose wisely,''' as there's probably not enough time to take more than one deposition, and as a Lawyer, your job is to convince the tribunal why your argument has more merit than the other side.
 
#Decide which angle to take. You're going to be arguing a case, so you need to decide the best way to get your point across. If there's a lot of evidence against you, use an emotional appeal or some other style of argument designed to either cloud or discredit the evidence. If that sounds like a dirty trick, you shouldn't be playing Lawyer.
'''DON’T:''' Hold a trial for someone the AI caught shooting the CMO in the face after emagging into their office. Or any non-Capital sentence.
 
==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?”;
 
'''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;
 
'''5) Decide on a schedule.''' Even though Trials, by definition, take time, they should not take too much time. Before the Trial begins, it's always a good idea to predetermine how long the Trial should go on for, to avoid diverting needed resources and manpower for too long


==The Trial==
==The Trial==
When the trial begins, you'll be in the courtroom. If you're not, the tribunal is probably pissed at you, so you should quit dicking around and get there ASAP. You'll be sharing the courtroom with the accused, the tribunal, and possibly another Lawyer who will be your '''FRIENDLY''' opponent. Don't act like an ass to them. Like you, they're just doing their job.


The tribunal will usually, but not always, consist of the Captain, the Head of Personnel, and the Head of Security. Other heads can be used in their place in the event of their absence, but this is the '''preferred''' setup, and "their absence" does '''not''' mean "they were taking too long to get to the courtroom" or "I don't like them."
The preferred setup setup for a courtroom is as follows:
 
1) Magistrate/Captain/Head of Security/NanoTrasen Representative as the Judge, in a decreasing order of preference;
 
2) Internal Affairs Agents as the Defense. 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 without presenting evidence to back you up;
 
'''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 Defense);
 
'''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. A written statement, such as a Recorder Transcript, may also serve this purpose instead of a live witness;
 
'''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 for the Defense, you have a few choices:
 
1. The defendant themselves, if they so desire;
 
2. The Magistrate/NanoTrasen Representative;
 
3. Any individual that the defendant specifically chooses to be their Defence Attorney;
 
4. 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 the Captain and letting them deliberate. Include every bit of evidence related to the case, along with any necessary considerations, and wait for a response. If that fails, contacting Central Command is advised.
 
===How To Present An Argument===


===Court Proceedings===
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:
# One or both Lawyers should clear the memory of their recorders, then start recording. The reason for this is so that there will be a record of the court proceedings for other crew members to peruse in the interest of transparency. For extra brownie points after the trial, you can give this transcript to a journalist or librarian, who can include it in the station's newspaper, if there is one.
# The Captain, or in his absence, the highest ranking member of the tribunal, will announce the crimes the defendant is accused of. As it is a matter of civil justice rather than law enforcement, the HoP takes precedence over the HoS in trials and hearings, should the Captain be absent.
# At this point, things go differently depending on if there's one or two lawyers.
## If there are two lawyers, the prosecution makes their case first, then the defense, and then the tribunal makes its ruling.
## If there's only one, he's automatically defense. Defense makes its case and then the tribunal makes its decision based on the defense's argument and the evidence.


====So How Do I Make My Argument?====
'''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;
People who want to work with their hands or provide a tangible thing for the station usually work in Mining or Hydroponics. People who like fixing things go Engineer or Robotics. In the same vein, you should only go Lawyer if you're sure you're eloquent and can put together a good argument, so if you jumped to this section hoping for an "Arbitration for Dummies," you're going to be disappointed. There is, however, some good advice here.


* Be concise. Give the tribunal three reasons why they should side with you. Don't bore them or waste their time.
'''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”;


* Be realistic. Someone who poked a man's eye out in a room full of witnesses is not going to get off scott-free.
'''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”;


* Support your argument with evidence or witnesses.
'''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;
** Be careful about this if there's another lawyer! A witness is not dismissed until '''both''' sides have gotten to question him, and he is sworn to tell the truth.


* If you're defending, consider mitigating circumstances.
'''DO:''' Take that case of the murderer who claims he was framed and actually lacks any substantial, non-circumstantial evidence in their case;
** Did your client willingly surrender to security?
** Did he agree to disclose information about accomplices?
** Is he sorry for his actions?


*Once you've made your argument, called your witnesses, and used any evidence to support your case, that's it. Rest your case. It's time for the tribunal to decide.
'''DON’T:''' Listen to the person who murdered three others via chainsaw, or was caught breaking into anywhere in the act;


==Advice for the Tribunal==
'''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;
Yes, that's right! This page isn't just for Lawyers or people wanting to provide legal representation. If you're a head of staff who's been asked to be a part of a tribunal, this section is just for you. So what do you do?


First and most importantly, you '''need to be fair.''' If you have a personal interest in the case, you need to let the other members of the tribunal know so that they can find a head of staff who can be impartial. If this means the trial is delayed a bit, that's fine. It's more important to be fair and slow than to risk accusations of being a kangaroo court.
'''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 do something to make it more bearable;


Second, you must actually '''listen to the Lawyers.''' It wouldn't be much of a trial if your mind was made up before you started, would it? Yes, the Lawyers don't have impressive titles like yours, nor do they have cool toys like security, but trials like these are their one rare chance to shine, so it's important to allow them to have that chance. You never know what convincing argument a Lawyer might give you.
'''DO:''' Point out your client cooperated with Security during the proceedings;


Listening to the Lawyers does not mean you have to do everything they say, however. Obviously if a man is convicted of murder with several witnesses, it would be ridiculous to declare him not guilty just because one (admittedly foolish) defense attorney says so. Ideally, you should consider what the Lawyers tell you and then decide if you should go through with the sentence, or if there is a lesser or alternative sentence that would be more appropriate.
'''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”


For example, the defense tells you that, while the Clown did murder the Assistant, it was a crime of passion, and he did turn himself in after realizing his mistake. The defense argues that execution would be too severe a punishment, and that he should be permabrigged instead. You converse with your fellow heads, and decide that since Security is already on the lookout for a more serious criminal, the brig would be a waste of resources. The three of you therefore present the clown with the option of a permanent shift at the labor camp, or cyborg conversion.
===Advice For The Judge===


Note that in that example, you '''listened to the other heads.''' That's important. The three of you have to work as a unit. Your spokesperson may not declare a ruling until the three of you are in agreement.
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:


One last thing! As a head of staff you can't be in two places at once, so you need to let your subordinates know that you're going to be indisposed for the duration of the hearing. Consider taking a promising subordinate and making him temporarily in charge of your department while you're presiding. Your departments must '''not''' come to a screeching halt in your absence. Let them know this, and ''hope'' they take it to heart.
'''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;


===No Lawyers?===
'''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;


If there are no Lawyers, but a prisoner still requests legal representation, you do have options. First, remember that only permanent sentences or capital punishment warrant a trial. If he's complaining that he got a 5 minute sentence instead of a 4 minute sentence, you're within your rights to tell him to bite your ass. Here are some things you can do if there's no Lawyers on board.
'''DO:''' Reduce Murder to Manslaughter if the evidence points towards it being unintentional and/or a crime of passion;


* Make a public announcement that a trial is to be held, and that legal representation for the accused is needed. Take '''qualified volunteers.'''
'''DON’T:''' Upgrade Assault to Murder/Manslaughter if the victim later died due to medical malpractice;


* Have the Head of Personnel review '''qualified crew members''' on board the station, and choose someone with a good knowledge of Space Law to act as a temporary public defender.
'''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;


* Some IA Agents and Detectives have knowledge of Space Law. IA Agents are usually very impartial, and the Detective is probably the person who gathered the evidence in the first place, so both are good choices.
'''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


* If all else fails, let the prisoner know. They have a right not to languish in uncertainty. Consider '''faxing CentComm.''' They might send someone, or offer advice on how to proceed, even if that advice is 'Just sentence him already.'


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Revision as of 12:44, 12 July 2016

Punishments

These are the procedures for standard punishments, and should be followed unless an emergency makes them unable to be followed.

Brigging

1. No prisoner is to be held for longer than ten (10) minutes in Processing if no evidence against them is readily available. Should the ten (10) minutes expire without any evidence of any crimes coming to light, the prisoner is to be released. Otherwise, proceed with the following guidelines:

2. The prisoner is to be cuffed, and brought to their cell.

3. The prisoner is to be stripped of all belongings, save for their uniform, headset, ID, PDA and shoes. Vox are to retain their internals, plasmamen are to retain internals and their suit.

4. The prisoner is then to be uncuffed. If they are a violent risk, they may be bucklecuffed, flashed, then have their cuffs removed.

5. The timer for the cell is to be set, and the charges declared.

6. Prisoners attempting to break the lights in the cell are to be flashed.

7. Prisoners attempting to break the windows of the cell are to be flashed and their timers reset.

8. Removal of the prisoner's headset may ONLY occur if the prisoner is using the headset to constantly flood any communication channel with irrelevant/inane information and/or calls of "Shitcurity", or if the prisoner is seriously attempting to incite violent action against Security and/or Command via continuous calls for violence


Permabrigging

1. Prisoner must be cuffed, and their ID must be terminated.

2. Prisoner must be stripped of all belongings, except for his/her headset and ID Card. Said belongings must be placed in one of the lockers next to the Interrogation Room.

3. Prisoner must be clothed in a Prison Uniform and Orange Shoes.

4. Prisoner must be brought to the Permabrig area, and the doors behind closed properly.

5. Prisoner must be bucklecuffed to one of the beds.

6. Prisoner must have his cuffs removed, then be flashed or stunned, and the cuffs recovered.

7. All Security agents must then leave the Permabrig.

8. In the case of an attempted escape or riot, the Nitrous Oxide control is to be used.


Execution: General

1. Prisoner must be cuffed, and their ID must be terminated.

2. Prisoner must be stripped of all belongings, except for his/her headset and ID Card. Said belongings must be placed in one of the lockers next to the Interrogation Room.

3. Prisoner must be clothed in a Prison Uniform and Orange Shoes.

4. Prisoner must be brought to the Prisoner Transfer room.

5. A Chaplain may be present if requested, and allowed by the HoS.

6. It is advised, but not required, to have a Brig Physician or other medical personell in attendance to verify death.

7. Authorization must be given by the Captain and/or Magistrate. Without authorization, executions are murder.

8. Though not obligatory, it is recommended that all executed prisoners be considered for borgification post-execution.

Execution: Electric Chair

1. Prisoner must be bucklecuffed to the electric chair.

2. Prisoner must be allowed his/her final words, after which the chair will be activated.

3. Prisoner's pulse is to be checked to confirm death.

4. Prisoner must then be borged, fired into space via mass driver, cremated, or placed in the morgue with a DNR Notice, at the discretion of the Magistrate, Captain or Head of Security.

Execution: Lethal Injection

1. Prisoner must be bucklecuffed to the electric chair or bed.

2. Prisoner must be allowed his/her final words, after which the injection will be applied.

3. Prisoner's pulse is to be checked to confirm death.

4. Prisoner must then be borged, fired into space via mass driver, cremated, or placed in the morgue with a DNR Notice, at the discretion of the Magistrate, Captain or Head of Security.

Execution: Firing Squad

1. Prisoner must be brought to the Firing Range.

2. Prisoner must be bucklecuffed to a chair.

3. Prisoner must be allowed his/her final words, after which authorised security personell are to open fire with any of the following: Energy Gun, Advanced Energy Gun, Laser Gun, Revolver, Shotgun, or any ranged weapon manufactured by Research.

4. Prisoner's pulse is to be checked to confirm death.

5. Prisoner must then be borged, fired into space via mass driver, cremated, or placed in the morgue with a DNR Notice, at the discretion of the Magistrate, Captain or Head of Security.

Parole

As stated in Space Law, individuals may be Paroled for their crimes. This section will provide some insight as to how this process works.

Parole is defined as a situation where a prisoner is released from the Brig before their given sentence is up. This happens under the assumption that said prisoner will no longer commit any crimes.

Parole is, of course, a continuous process. Paroled personnel must be kept under surveillance at all times, and watched closely for signs of recidivism. If the Paroled person commits a crime while on Parole, they are deemed to have Broken Parole, and must then be brigged for the crime they committed, and the original crime from which they were Paroled. In addition, they are then fully disqualified for future Parole.

Enemies of the Corporation, however, have specific circumstances, which are detailed in Space Law.

The question is, of course, when to Parole someone. When paroling Non-Capital personnel, the severity of their actions and the chance of recidivism should be considered. Namely, how much damage the person in question caused, and how likely they are to repeat the stunt. Similarly, the person's cooperation (or lack thereof) with Security should be taken into consideration.

Long story short, Parole should be offered for crimes of a lesser nature and/or to personnel that are unlikely to commit crimes again.

When it comes to Capital Crimes, Parole is not advised unless the station is in an active crisis and the person in question can help solve this crisis, such as a Traitor being permitted to fight a massive Blob Organism.

Mindshield Implants

Mindshield Implants are specialized, NanoTrasen-brand implants that protect whoever they are installed into from brainwashing techniques commonly associated with both the Syndicate and the Cult of Nar-Sie. For this reason, all members of Security, in addition to the Captain, NanoTrasen Representative and Blueshield, are issued Mindshield Implants by default, as a security measure.

While procedures for a Revolution are already detailed in General Standard Operating Procedure, it is important to note other situations in which Mindshield Implantation may be used:

Firstly, all new hires to the Security Department, or the positions of Captain, Blueshield or NanoTrasen Representative, are to receive a Mindshield Implant, as per NanoTrasen policy.

Similarly, all personnel that are successfully deconverted from the Cult of Nar-Sie's influence may be given a Mindshield Implant, at the discretion of the Head of Security. This is not advised if the deconverted person does not wish to receive the implant.

Lastly, personnel that have been Mindslaved should be offered a Mindshield Implant in order to prevent further brainwashing.

Evidence Storage Procedures

Physical evidence is defined as any object that can be used to prove that a particular person has committed a crime.

1. All evidence confiscated from arrested personnel is to be properly analyzed, then stored in Evidence Storage, either in the lockers in the Forensics Lab, or in the Evidence Storage Room in the Prison Wing;

2. Stored evidence is not be removed from Evidence Storage unless it is required for a trial;

3. As per 211 - "Abuse of Confiscated Equipment", stored evidence is not to be used;

4. As an exception, all stored Contraband that does not directly relate to a crime may be used by Security, at the discretion of the Head of Security

Ia consultant.pngInternal Affairs

1. Internal Affairs Agents are only to provide legal representation for personnel facing a Capital Sentence. They should, however, ensure that their timed sentence is applied correctly, and alert Security if it is not. In addition, Internal Affairs Agents are permitted to provide legal advice for Security and prisoners, as well as investigating whether or not arrests were done properly;

2. Internal Affairs Agents must request permission from any potential client before serving as their legal representative, as said client may choose to either represent themselves, or request someone else;

3. Internal Affairs Agents are not to deliberately halt or slow down prisoner processing or ongoing investigations. If Security is acting in a demonstrably incompetent manner, contacting the Head of Security or the Captain is highly recommended. If more information about the crime in question is needed, Agents should wait until the person in question was brigged;

4. Internal Affairs Agents are to ensure that Standard Operating Procedure is being properly followed, when applicable, and to contact the relevant Head of Staff when it is not;

5. Internal Affairs Agents are to attempt to resolve all Standard Operating Procedure issues locally before contacting Central Command. This should be done in tandem with Command and, if possible, personnel in the relevant Department. If a valid report is ignored by the relevant Head of Staff, the Captain is to be contacted. If the Captain ignores the report, then Central Command and/or the NanoTrasen Representative must be contacted

Magistrate.pngMagistrate

1. Magistrates are to ensure that Space Law is applied correctly. If it is not, they are to make it so;

2. Magistrates have the final say on whether or not Trials take place, and should ensure they should only occur for Capital Sentences. Similarly, Magistrates are to ensure that Trials do not happen for Defendants that are self-evidently guilty;

3. Magistrates can overrule anyone in all matters concerning Space Law. This does not extend to Emergency Response Teams, Central Command Officials or direct Central Command communications;

4. Magistrates are not above Space Law. Similarly, they cannot overrule Security on their own sentence. If a Magistrate attempts to do this, contact Central Command immediately;

5. Magistrates are not to concern themselves with matters of Standard Operating Procedure. However, they are to ensure that the Internal Affairs Agents under their command are handling such matters;

6. Magistrates may not impede the expedient functioning of Security for the sake of micromanaging every aspect it. They should only concern themselves with crimes that either have fuzzy evidence, or require careful deliberation of circumstances;

7. Magistrates are to contact Central Command immediately if their decisions are being ignored, provided said decision actually match up with Space Law and Standard Operating Procedure. Please see this guide for more information on how to write a good fax.

Internal Affairs Range of Action

NanoTrasen provides job openings for Internal Affairs Agents precisely to ensure that the crew can be given legal representation in cases where Capital Sentences may not be fully justified. These openings are also there to allow for said Agents to ensure that Standard Operating Procedure and Space Law are being followed correctly, and to attempt to amend infringements on the field.

That said, however, the access given to Internal Affairs Agents is a privilege, not a right. An Internal Affairs Agent may be, and should be, ejected from the Brig if they are actively impeding Security from doing their job in an effective and expedient manner. Remember, Internal Affairs Agents do not have any authority to demand anything. If they are acting against the best interests of the station and its safety, they may be ignored.

As such, actions such as the following should be avoided if you are an Internal Affairs Agent:

1. Attempting to release a prisoner, or removing them from their cell for an interview, without contact Security and receiving their approval;

2. Distracting Security with cries of innocence, or attempting to use Central Command faxes as a threat/leverage;

3. Providing prisoners with any items except simple foodstuffs;

4. Deliberately omitting facts when handling cases in order to "win" the case

Keep in mind that this list is, by no means, a full representation of all the things you should not be doing as an Internal Affairs Agent. It is, however, a good example of the kind of actions you should be avoiding.

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.

Only the Magistrate, Captain or Head of Security may convene a trial. The Magistrate can overrule the Captain and Head of Security, while the Captain can only overrule the Head of Security.

However, keep in mind that Security can and should refuse legal representation to a person, even if the Magistrate orders a trial, in any of the following circumstances:

1. The Defendant is obviously guilty/innocent given the evidence provided;

2. The station is currently in an active crisis requiring the entirety of Security. In this case, the Defendant should still be given a trial if the crisis is resolved

DO: Hold a trial for someone accused of 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. Or any non-Capital sentence.

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?”;

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;

5) Decide on a schedule. Even though Trials, by definition, take time, they should not take too much time. Before the Trial begins, it's always a good idea to predetermine how long the Trial should go on for, to avoid diverting needed resources and manpower for too long

The Trial

The preferred setup setup for a courtroom is as follows:

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

2) Internal Affairs Agents as the Defense. 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 without presenting evidence to back you up;

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 Defense);

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. A written statement, such as a Recorder Transcript, may also serve this purpose instead of a live witness;

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 for the Defense, you have a few choices:

1. The defendant themselves, if they so desire;

2. The Magistrate/NanoTrasen Representative;

3. Any individual that the defendant specifically chooses to be their Defence Attorney;

4. 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 the Captain and letting them deliberate. Include every bit of evidence related to the case, along with any necessary considerations, and wait for a response. If that fails, contacting Central Command is advised.

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, or was caught breaking into anywhere in the act;

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 do something to make it 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 Murder to Manslaughter if the evidence points towards it being unintentional and/or a crime of passion;

DON’T: Upgrade Assault to Murder/Manslaughter 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


Standard Operating Procedure
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