Legal Standard Operating Procedure

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. First, trials do not happen often. Why? A number of reasons, really. First, 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.

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 avenues to voice your concerns if you find yourself frequently stonewalled.

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 average conduct of the average NT employee. Trials are done in the format of a hearing or a tribunal for the purpose of expedient justice.

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.

What to Do

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.

1. Get your briefcase, a pen, some paper, and a universal recorder.

1. 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.

1. 1. 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.

1. 1. 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.

1. 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.

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."

Court Proceedings

1. 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.

1. 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.

1. At this point, things go differently depending on if there's one or two lawyers.
   1. If there are two lawyers, the prosecution makes their case first, then the defense, and then the tribunal makes its ruling.
   2. 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?

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.

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

• Support your argument with evidence or witnesses.
  • 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.
  • 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.

Advice for the Tribunal

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.

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.

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.

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.

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.

No Lawyers?

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.

• Make a public announcement that a trial is to be held, and that legal representation for the accused is needed. Take qualified volunteers.

• 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.

• 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.

• 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.'