LegalSoP

From NSS Phoenix

Legal Standard Operating Procedure[edit]

Legal Standard Operating Procedure is the Nanotrasen approved way of carrying out legal proceedings according to Corporate Regulations. The main way of carrying proceedings is with a tribunal.

Tribunal[edit]

Tribunals are the main way major decisions are made aboard the station

Purpose: For crimes or decisions that require more than one person, or crimes where there is no set punishment.

Overview: Three to Six Heads of Staff must discuss this issue and vote on the outcome.

Process: The Captain or Acting Captain should call the Heads of Staff for a tribunal with the situation and proposed outcome. This can be done formally in a meeting room, or informally over radio.

There are no lawyers, and the defendant does not have to be involved. There is not specified length for how long a tribunal must be. The AI may be called in as a replacement Head of Staff if there are not sufficient numbers, and it can be trusted to be accurate.

Conviction: The tribunal must vote on the outcome, and the outcome must win by a majority vote (over 50%). If there is a tie, the Captain's vote wins.

Sentencing: If the vote passes, the outcome may be enacted, usually by Security. The decision can be appealed once by either the defendant or the Captain.

Notes: Basically the same as the old trial, but without a jury and slightly streamlined.

Older Systems[edit]

These systems are not used any more due to their complexity and length, but the guidelines are still here for reference.

Hearing[edit]

Purpose: For disputed medium and minor crimes, as well as when information needs to be got out of someone without going on to an interrogation.

Overview: A group of relevant crew make up the board - for a parole or charge dispute hearing, they would be security officers. For a disaster responsibility hearing, it could be HoP, RD, CMO, medical doctor etc. Somewhat informal, audience is allowed at the discretion of the board, but the subject is allowed to request whether audience is present.

Process: The board is briefed beforehand on the particulars of the hearing and the subject by the relevant people. Eg if it's for parole, they're told the charge, the sentence, how much of the sentence is filled, their attitude before, during and after the arrest etc. During the hearing the board questions the subject at will, and it's directed like an inquiry. Witnesses may be called as necessary, and the subject is allowed to speak freely.

Conviction: The board decides when the hearing is finished, as well as what is to happen with the subject.

Sentencing: Depending on the outcome decided by the board, a security sentence may be applied but is not necessary.

Notes: This one is purposefully very broad / vague, but it can function as a catch-all and could be very useful in the right circumstances.

Civilian Trial[edit]

Purpose: For non-security (RP) crimes.

Overview: This will basically be the same as civilian trials RL (suing, divorces, custody, property / will disputes etc). Informal courtroom, audience is allowed only if the one of the involved parties requests it. Neither side is obliged to present their evidence to the other before the case, but both should present their case to the judge beforehand.

Process: The party bringing the complaint presents their case first, along with any evidence or witnesses. The other party does the same, second.

Conviction: The overseeing judge, generally a high ranking officer but not necessarily security, decides which party is right, and which party is wrong.

Sentencing: The judge has the authority to award whatever non-criminal damages he deems necessary. If a criminal sentence is deemed necessary, it will go to a hearing for sentencing.