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Brigging Procedures

Sentencing

You must have all the evidence necessary to sentence someone to the appropriate charges, and you must give time served if the individual or individuals have been detained for far too long. The Warden shall be the person who issues the sentencing; however, if they are not present, the arresting officer shall issue the sentence fit for the crime. If the Individual or Individuals are faced with felony or capital sentencing without a trial progressing for 25 minutes, they are to be set free with a status of charges pending. Please see Pre-Criminal Trial for more specific information on charges pending and reoffenders.

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 the Justice Department, or in their absence, relevant officers. Warrants may order the search or arrest of an individual, or the search of an entire department. These warrants should include a name, the actions prescribed (detainment, search, arrest, etc.), and a description if applicable.

• Search Warrants; may with reasonable suspicion order the search of an individual or entire departmental area, by force if necessary. This may also include surgical procedures, cursory implant inspections, or any other invasive searches with both probable cause and evidence.
  • Search Warrants should include the scope of the warrant (individual, entire department, etc), and a brief description of the reasonable suspicion, probable cause, or evidence to support the warrant.
  • Warrants are required for any search on green alert, even if the individual consented.
  • A full search of the personal belongings of an individual may be conducted on those that are under arrest, without the need for a warrant.
• Arrest Warrants; may with probable cause or evidence order the arrest of an individual who is believed to have committed a crime.
  • An arrest warrant is not mandatory for conducting the arrest of an individual when the officer already has probable cause or evidence of a crime. However it may encourage cooperation when seeking to arrest someone.

Warrant Approval

Warrants must be approved by a Magistrate, Chief Justice, or Clerk. If there is no applicable Justice Department (no Magistrate, Chief Justice, or Clerk), Warrants must be approved by either the Commanding Officer or the Head of Security. If neither are an option, then it must be approved by the Warden. The individual approving the warrant cannot be the same as the individual requesting the warrant, and the warrant writer cannot go to someone else if it was denied already.

Warrant Needed	Warrant Writer	Requires At Least
Individual, Full Search	Security	Reasonable Suspicion
Individual, Arrest	Security	Probable Cause or Evidence
Implant Search	Security	Probable Cause or Evidence
NanoChat Search	Security	Reasonable Suspicion
Wiretapping Permission	Security	Reasonable Suspicion
Departmental Search	Security	Reasonable Suspicion

Individuals

For a stringent search of a persons' effects (wherein stringent implies a full, complete search of all physical clothing, bags, and other storage), the warrant must include the Reasonable Suspicion for the search. Present the warrant to the suspect.

Implants

For any situation requiring an implant search, you must have a warrant, and the warrant must also be approved by the CMO or in their absence the Commanding Officer. This is true even if the person is arrested with indisputable evidence, such as the Implanter with the suspect's DNA; other pieces of evidence are admissible, articulating that being unable to find the object on the person and line of sight was not lost on the suspect.

The Captain is presented with an implant search warrant. They observe that it is lacking some details in relation to the articulation of the probable cause, lacking evidence or proper thinking on Security's part, therefore denying the warrant, expressing to security to write it better.

Then bring in trained medical personnel under supervision of the Head of Security or Chief Medical Officer; or, the Chief Medical Officer will perform the implant search themselves after being shown the warrant— present the warrant to the suspect.

Medical Doctor Fluffs Stargazer is observed by the Head of Security Teeg Dougland to use the Implanter device on suspect Slab Bulkhead, they soon discover that a device is pulled into the implanter, thereby completing the implant search.

Additionally, an individual may consent to the implant search, thereby waiving the necessity for a warrant, unless it is Green Alert. A written piece of paper signed by the individual in question saying they consent to an implant search is still required.

During a detainment on blue alert, an individual waived their rights because they'd rather get the situation over with and would rather exonerate themselves as soon as possible, saying that they give consent and provide a signature on a one-sentence piece of paper. Upon the medical personnel's efforts to use the Implanter device on the suspect, they soon find that nothing got pulled into the device's chamber, clearing the suspect's name.

Trained medical personnel is defined in the Medical Operating Procedures.

NanoChat Search

For a search of the person's NanoChat, you must have reasonable suspicion of a crime having been committed using NanoChat or someone having an accomplice.

For example; a detective gains knowledge of syndicates working together via a stolen syndicate encryption key and uses this knowledge to prepare a NanoChat search in advance.

Wiretaps & Recording

Recorders in the possession of security have a variety of uses, however, proper permission must be received in order to use them. Usage of a recorder without permission can be considered abuse of power.

Note that recording any conversation without prior OOC permission can and will be considered a consent breach.

Security may use recorders for recording interrogations (with the individual involved made aware beforehand). Security may also use recorders to record situations which may provide evidence for litigation, with a warrant written and approved beforehand (see warrants).
For a security officer to record a situation with the expectation that suspect(s) may provide verbal evidence in the commission of a crime. You must have Reasonable Suspicion that a crime may soon occur, in order to receive a warrant, and the recording must prioritize the subject of the warrant.

For example; a detective gains knowledge of a crime that may soon occur, and is capable of recording the discussion surrounding the crime. They receive a wiretap warrant and record a suspect in the process of committing or discussing a criminal act.

Departments

For any situation that requires a departmental search, provide reasonable suspicion for the warrant.

For example, two individuals broke into the Head of Personnel's room and stole some personal effects and ID cards. Probable Cause: John Security and Jane Warden witnessed two individuals run into Engineering, detaining them followed by a search, nothing was found on them in relation to the stolen goods; the stolen items were not on them and it is reasonable to believe they have stowed the items in the department.

Present the warrant to the Departmental Head whose department is getting searched, or any applicable departmental staff.

Injunctions

The Magistrate, 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 Magistrate or Chief Justice 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.

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.

An individual may not be charged of a crime if the target of the crime explicitly declines to charge them, thus making their charges toward that specific victim void and pardoned in their entirety. This does not apply to crimes that effect the station at large, such as Terrorism, theft in general, and sabotage.

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). Only the most severe of these charges apply.

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 the brig 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. If the defendant is charged with a capital crime, they must be taken into custody for the duration of the trial.

If a defendant reoffends while out on charges pending, security may place the defendant in Permanent Confinement. The criminal defendant retains the right to a speedy trial as soon as it can be arranged, however charges pending may not be granted.

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.

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 Magistrate or Chief Justice, or in their absence, the Court Clerk. If no impartial members of the Justice department are available 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 guilty, proceed to step 7.
   2. If the defense pleads not-guilty, 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 pleaded 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.