Judicial Procedures

Pressing Charges

Criminal Charges

Any crew member may press charges against any other crew member.

An individual may be charged of a crime if and only if it can be argued beyond a reasonable doubt that the accused had committed an act in the nature and fashion as described by a particular criminal charge.

Multiple counts of one crime can be charged.

For illegal actions against the station abroad, each incident separated by a reasonable period of inaction, lawful conduct, or another crime is interpreted as one count.

For crimes directly bereaving a person (violent acts, theft of personal property etc.), the same applies in addition to each victim being one count.

In the case of possession, theft, or any incident involving several separate and distinct items, one charge may be applied per relevant item.

Charges that are a direct escalation of one another in nature cannot be simultaneously held against the perpetrator if they pertain to the same incident and the same victim/item (if applicable).

Then, only the most severe of these charges applies. Additionally, if one charge incorporates another charge within its definition or description, the perpetrator cannot be held accountable for both; rather, only the most severe of these charges applies.

Pre-Criminal Trial

Every criminal defendant has the right to a speedy trial;

• Protects defendants from delay between the presentation of an indictment and the start of trial.

A criminal trial should take place within twenty-five minutes following the pressing of the accused charges. The accused shall be held in security permanent confinement until trial with unlimited access to their attorney if they so choose to take one.

If for whatever reason, a trial must be delayed past 25 minutes after the pressing of charges (due to unforeseen circumstances), the Commanding Officer or Head of Station Security may enact one of the below emergency actions.

• Pardon the defendant on the grounds of the station’s inability to grant the right to a speedy trial.
• Set the defendant free with a status of charges pending. Releasing an Individual does not mean they are free of charges, but rather that they have served up to capital without a trial.

Civil Charges

Any crew member can sue any other crew member for inflicting them with damages caused by a breach of duty. To sue is to request compensation for said damages. To do so, the victim must prove:

• Damages: That the victim was inflicted with an emotional, physical, or monetary damage
• Breach of duty: That the defendant had a duty which they failed to uphold(e.g., a duty to not endanger crew, a duty to act respectfully), leading to the victim being inflicted with a damage
• Severity: That the damage was severe enough to warrant the compensation requested

Compensation can either be explicitly specified by the victim or left for the court to decide. Either way, the court is free to modify the compensation as it sees fit. Most often, compensation is rendered in the form of court orders compelling a crew member to do something (e.g., return an item, make an apology, or permanently avoid a certain area). Court orders should be written and stamped with the notary stamp.

Court Orders

The individuals specified in the three sections below can issue Court Orders, which are legally-enforced documents that carry the penalty of an Obstruction of Justice charge and forced compliance with the order by security. Each order has its own requirements and authorized issuers, but are all implied to require the stamp of the issuer to be valid.

Warrants

Warrants represent official orders to the security department, issued by relevant officers or the Justice Department. Warrants are only valid when issued by either the Chief Justice or Court Clerk, or in both of their absences, the Commanding Officer, Head of Security, or Warden.

• Individual Warrants; may order the search or detainment of an individual, or the arrest of the individual with evidence. This may also include surgical procedures, cursory implant inspections, or any other invasive searches with both probable cause and evidence.
  • These warrants should include a name, the actions prescribed (detainment, search, arrest, etc.), and a description if applicable.
• Search Warrants; may order the search of an entire departmental area, by force if necessary, and may order the arrest of listed individuals implicated in a crime or crimes with probable cause or evidence.
  • Search Warrants should include an area, a brief description of the probable cause, and a list of individuals if applicable.

Injunctions

The Chief Justice, Commanding Officer, or legally-selected judge are fully authorized to issue injunctions: legally-binding, written orders restricting Inhabitants from doing something disruptive to station productivity or personal rights. These may be issued on discretion or as relief for Civil Trials. Injunctions may not compel someone to violate Space Law or SOP, and the issuer is liable for abuse of power charges if this is misused.

An injunction must include a list of affected names and a detailed description of the restrictions to be valid.

Subpoenas

The Chief Justice or Court Clerk may issue Subpoenas, which are trial-related Court Orders compelling an individual to produce evidence or make themselves present at a location for court.

A subpoena must include a list of names, a detailed description of evidence requested or reason for appearing, and a reasonable time frame no shorter than 3 minutes. The individuals summoned by the subpoena must be informed of its presence for it to be a valid order. This can be done via general announcement, fax, verbal announcement, or otherwise.

A subpoena can order an individual to:

• Appear as a witness in court;
• Produce evidence for court;
• Appear for a trial in which they are the defendant, plaintiff, or the prosecution;
• Appear for questioning in deposition.

Trial Procedure

A trial may only be requested for civil disputes and capital charges. While trials for disputes may be refused depending on the availability and discretion of the potential judge, capital crimes necessitate a mandatory trial.

While legal and spiritual counsel is not required, if it is available then it must be provided upon request.

A trial can be waived if the suspect pleads guilty to a member of the Justice department, or in their absence, Command Staff, while in custody, who will then be responsible for deciding the sentence for the crime.

Additionally, in situations where Standard Operating Procedure allows for capital punishments to be used in response to charges at or below the felony level, a trial is also mandatory.

The trial takes the format of an arbitration court hearing, presided over by the Chief Justice or Magistrate if the former is unavailable, or clerk if both are unavailable. If no impartial members of the Justice department are available, the Magistrate or a member of command must preside over the legal proceedings.

To begin a criminal or civil trial, all charges, arguments, and evidence must be filed with the court clerk beforehand to be presented to the judge. After the clerk has submitted the compiled court case to the judge, the trial shall begin when the defense, prosecution, judge, and bailiff appointed by the judge are present.

Such procedures do not apply to miscellaneous hearings such as paroles and pardons or felony appeals, which only require the involvement of the judge and the defendant.

The judge of the trial is in-charge of ensuring the trial is completed in a timely manner, but has the ability to call recesses (breaks). The judge may grant two-minute extensions on top of the allotted time. The judge also has the power to charge someone with contempt of court, a felony, if they disrupt the case. In the event that the defendant is held in contempt of court, the necessity of a trial may be waived and sentence passed by the judge or arbiter without a full hearing.

Criminal Trials

A criminal case should aim to be 40 minutes in total, and should take no longer than an hour. Criminal cases should either have security personnel present, or plan to have them present by the end of the trial. The judge must set the court timer as per the allotted times.

1. The judge brings the court in session with the gavel.
2. Prosecution opens the proceedings, stating the charges and introducing witnesses and exhibits that will be brought forward during the presentation of evidence. They may also recommend a sentence to the judge, appropriate to the charge based on their opening statement. (Four minutes)
3. Defense then pleads guilty or not-guilty.
   1. If defense pleads guild, proceed to step 7.
   2. If the defense pleads not-guild, proceed to step 4.
4. Defense then provides their opening statement, contradicting the prosecution's theories and assertions. They will also introduce their witnesses and exhibits where applicable. (Four minutes)
5. The presentation of evidence then follows, led by the prosecution then the defense. Cross-examination may be requested following submission of individual testimonies and granted at the discretion of the judge. (Five minutes each)
6. Finally, closing statements are to be made by the prosecution, the defense, and the prosecution once more due to the burden of proof. The evidence should be reiterated by both sides and arguments refuted with no new evidence presented. (Five minutes each)
7. A ruling will be made by the judge, written and stamped by the notary stamp.
   1. If the Defense has plead guilty, determine length and conditions of the sentence.
8. The judge adjourns the court with the gavel.

Any present or soon-to-be-present Security personnel will then enact the ruling.

Civil Trials

Civil cases do not require attorneys or prosecutors, but they may receive assistance from either both before and during the case.

Both the defendant and plaintiff must be made to summon at the court, if a party does not appear out of either refusal or negligence, or fails to comply with a court order from a civil trial, that party may be charged with contempt of court, a felony.

A civil case involves seeking damages from a defendant, which could be monetary, an item, or otherwise. A civil case should aim to be 30 minutes in total, and should take no longer than 45 minutes. The judge must set the court timer as per the allotted times.

1. The judge brings the court in session with the gavel.
2. Plaintiff opens the proceedings, stating the counts, damages, and introducing witnesses and exhibits that will be brought forward during the presentation of evidence. They may also recommend civil relief to the judge, appropriate to the damages based on their opening statement. (Four minutes)
3. Defense follows with their opening statement, contradicting the plaintiff's theories and assertions. They will also introduce their witnesses and exhibits where applicable. (Four minutes)
4. The presentation of evidence then follows, led by the plaintiff then the defense. Cross-examination may be requested following submission of individual testimonies and granted at the discretion of the judge. (Five minutes each)
5. Finally, closing statements are to be made by the plaintiff, the defense, and the plaintiff once more due to the burden of proof. The evidence should be reiterated by both sides and arguments refuted with no new evidence presented. (Four minutes each)
6. A ruling will be made by the judge, written and stamped by the notary stamp.
7. The judge adjourns the court with the gavel.

Presentation of Evidence

Eyewitness Testimony

Any sentient being willing and capable of presenting themselves before court under oath and present at the scene of the crime as a bystander or a victim at the time of its commission, may offer eyewitness testimony before the court at request of defense or prosecution. Extra time may be granted to either side at the behest of the arbitrator or judge to allow for witnesses not currently present.

Objection to Testimony

Any witness that falls under the following conditions may be excused as a witness or have their testimony deemed inadmissible:

• The witness lacks the mental, intellectual, or other capacity to understand the context of the case.
• The witness's inclusion will cause substantial cost or delay to the case, proceedings, or upkeep of the station.
• The witness is the judge.

General Objections

Both parties in a trial may object to testimony to have the testimony deemed inadmissible, move past the question, or rephrase a question to keep a trial within time limit:

• Hearsay: The witness testifies using an out-of-court statement by an individual not present in court, thereby rendering it impossible to verify. This testimony will be inadmissible.
• Asked and answered: A question is posed that has already been answered previously by a witness. Such a question must be skipped.
• Narrative: A question is posed that would require a significantly long answer with multiple facts, or when the witness chooses to answer a question in this way. The question must be reworded, or the witness must be reminded to answer promptly and stay on topic.

Objections are completely at the discretion of the judge, who does not always need to sustain an objection even if it is within these guidelines. It is up to the judge to decide if an objection is proper or necessary to keep the trial quick and fair.

Procedural Defense

Whereas a defendant is placed on trial, they are granted the privilege to challenge the legitimacy of charges or claims brought against them by the legal process. Any of the following may be invoked:

• Issue Preclusion/Double Jeopardy Clause: accused persons may not be tried on the same charges following an acquittal or conviction, except in the case of acquittal and subsequent credible admission of guilt.
• Entrapment Clause: accused persons found to be induced or coerced by law enforcement into the commission of the crimes listed in the charges may be acquitted or have their sentence reduced.
• Exclusionary Clause: evidence collected and/or analyzed in violation of accused persons’ rights under law may be inadmissible in court.