Judicial Procedures¶

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.

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 (where applicable) and signature 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 or head of station Security.

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 and 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 Judge of a trial 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, Court Clerk, or Judge of a trial 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 can order an individual to:

Appear as a witness, defendant, plaintiff, or prosecution;
Produce evidence for a trial;
Appear for questioning in deposition.

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.

Affidavits¶

An Affidavit is a legal document, consisting of a formal written statement of witness. An Affidavit must be written by the witness, or Affiant, who must state their relation to the incident at hand, and must be signed and stamped (if applicable) by a member of Security, Justice, or Command, who is verifying that the contents of the Affidavit are true to the best of their knowledge. The witness to the Affidavit must not be directly connected to the incident.

Affidavits are considered valid witness statements for use in a trial (see Trial Procedure, below), and can be used either in tandem with a verbal witness statement, or to obtain testimony from an affiant whose job requirements and/or personal circumstances make attending a trial unfeasible.

An affidavit may be impeached - and thus removed from evidence - if the Prosecution or Defense can introduce testimony or other evidence that directly contradicts the statements recorded within the Affidavit. The Affiant may then be liable for criminal charges.

Trial Procedure¶

A trial may be requested for civil disputes and capital charges. Civil charges may be refused, depending on the availability and discretion of a potential Judge; however, capital crimes require a trial. This also includes non-capital trials required as dictated within Sentencing guidelines. Miscellaneous trials, such as those described within Paroles and Pardons, only require the Judge and the defendant.

Criminal trials may be waived if a suspect pleads guilty to a member of the Justice or Security department, or to station command. Their sentence should be passed by a Judge immediately, without the need for a full hearing. The Judge should also sentence the defendant summarily if they are held in contempt of court during the trial.

The trial takes the form of an arbitration court hearing, presided over by an appointed Judge, and including adequate Prosecution and Defense, as dictated below. All charges, arguments, and evidence must be filed with the Judge before the case begins. The trial shall begin when the Defense, Prosecution, and Judge are all present and ready to begin. A trial does not need to be open to the public.

The Judge is charged with ensuring the trial is completed in a timely manner, and is granted the power to charge someone with Contempt of Court, under Space Law, if they disrupt the case. Suitable Judges should be chosen from the following list, in sequential order:

The Chief Justice
The Clerk
An impartial member of the Justice department.
An impartial member of Station Command.
The Warden.

The Defense should ideally be a member of the Justice department assigned to argue in favor of the defendant; if none are available, the defendant may choose to represent themselves.

The Prosecution should ideally be the Prosecutor; if they are unavailable, the case should be prosecuted by an unbiased member of Station Command or a law enforcement officer, in that order.

If there is not a viable and/or willing Defense or Prosecution, the Judge is fully authorized and strongly encouraged to pass a summary sentence of Extended Confinement until an adequate trial can be held.

Criminal Trials¶

A criminal case should take no longer than 25 minutes in total. Criminal cases should either have security personnel present, or plan to have them present by the end of the trial.

The judge brings the court in session.
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.
Defense enters their plea - Guilty or Not Guilty.
If Guilty, the Judge is authorized to immediately pass a ruling, as stated below.
If Not Guilty, they are to provide their own opening statement and introduce their own witnesses and exhibits where applicable.
Presentation of evidence follows, lead by Prosecution, then Defense.
Cross-examination may be requested following submission of individual exhibits or witnesses, and granted at the Judge's discretion.
Finally, closing statements are made by the Prosecution, Defense, and Prosecution once more due to burden of proof. No new evidence can be introduced within a closing statement.
A ruling will be issued by the Judge, written down, and stamped with the Notary stamp, the Judge's stamp, and their signature.
The Judge adjourns the court. Any present or soon-to-be-present Security personnel will then enact the ruling.

Civil Trials¶

Civil cases do not require Prosecution or Defense, 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 take no longer than 15 minutes in total.

The Judge brings the court into session.
Plaintiff opens proceedings by stating the damages, before introducing witnesses and exhibits that will be brought forward during presentation of evidence. They may also recommend civil relief to the judge, appropriate to the damages listed within their opening statement.
Defendant follows with their opening statement, contradicting the Plaintiff's theories and assertions. They will also introduce their own witnesses and exhibits, where applicable.
Presentation of evidence follows, led by the Plaintiff, then the Defendant.
Cross-examination may be requested following submission of individual exhibits or witnesses, and granted at the Judge's discretion.
Finally, closing statements are made by the Plaintiff, Defense, and Plaintiff once more due to burden of proof. No new evidence should be introduced or referenced by these statements.
A ruling will be made by the Judge, written, and stamped by the Notary stamp, the Judge's stamp, and signed by the Judge.
The Judge adjourns court.

Any ruling shall then be enacted; if a party refuses to follow through with the ruling, they may suffer criminal penalties.

Presentation of Evidence¶

Eyewitness Testimony¶

Any sophont or other entity 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 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.