Starfleet Code of Military Justice: Difference between revisions

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* Commonly abbreviated SCMJ (Novel: ''Gods of Night'')
* Commonly abbreviated SCMJ, SCJ (VAN Novel: ''Harbinger''; Novel: ''Gods of Night'')
* Foundation of [[Starfleet]] military law
* Foundation of [[Starfleet]] military law
* Establishes processes and procedures for courts martial
* Establishes processes and procedures for courts martial
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*** Accused wrongfully, willfully, or negligently caused a Starfleet vessel to or permitted a Starfleet vessel to be placed at risk of damage or loss
*** Accused wrongfully, willfully, or negligently caused a Starfleet vessel to or permitted a Starfleet vessel to be placed at risk of damage or loss
*** Potential sentencing includes several months in holding, dishonorable discharge (TNG Novel: ''The Buried Age'')
*** Potential sentencing includes several months in holding, dishonorable discharge (TNG Novel: ''The Buried Age'')
* Specific citations
** Code 5
*** Section 12
**** Article 413
***** Provides for court martial inquiries in the event of the loss of a vessel in cases of negligence, incompetence, sabotage, or dereliction of duty (VAN Novel: ''Harbinger'')
* Elaborated and detailed via directives issued by [[Starfleet Command]]
* Elaborated and detailed via directives issued by [[Starfleet Command]]
** Directive 010: Before engaging alien species in battle, any and all attempts to make first contact and achieve nonmilitary resolution must be made. (TNG Novel: ''The Buried Age''; VOY: "In the Flesh")
** Directive 010: Before engaging alien species in battle, any and all attempts to make first contact and achieve nonmilitary resolution must be made. (TNG Novel: ''The Buried Age''; VOY: "In the Flesh")

Revision as of 22:34, 24 September 2018

  • Commonly abbreviated SCMJ, SCJ (VAN Novel: Harbinger; Novel: Gods of Night)
  • Foundation of Starfleet military law
  • Establishes processes and procedures for courts martial
    • Court martial general procedures
      • JAG division commander for the jurisdiction in which the crime occurred is required to convene all figures required for the court martial (TNG Novel: The Buried Age)
        • A board consisting of at least three officers of commander's rank or higher (DIS: "Battle at the Binary Stars", TOS: "Court Martial", "The Menagerie, Part I", "The Menagerie, Part II"; TNG Novel: The Buried Age)
          • Prior to late 23rd century, given that courts martial often occurred weeks or months from core Federation territory, there were few regulations on who could convene or sit on a court martial hearing, including the accusing party (TOS: "Court Martial", "The Menagerie, Part I", "The Menagerie, Part II", "Turnabout Intruder")
          • As travel time to the frontier generally lessened, regulations were put in place preventing such, to avoid conflicts of interest (TNG Novel: The Buried Age)
        • Judge advocate to advise the panel on any questions of law (TNG Novel: The Buried Age)
        • JAG officers to serve as counsel for the prosecution or defense (TNG Novel: The Buried Age)
          • Accused is alternatively allowed to select civilian counsel, or request any reasonably available officer as counsel, with assigned counsel either dismissed or serving as associate counsel (TOS: "Court Martial"; TNG Novel: The Buried Age)
  • Crimes defined under SCMJ:
    • Culpable inefficiency in the performance of duty (TOS: "Court Martial"; TNG Novel: The Buried Age)
      • Accused willfully or negligently failed to perform ones duty as a Starfleet officer, resulting in harm to others or loss of materiel
      • Potential sentencing includes several months in holding (TNG Novel: The Buried Age)
    • Employing excessive force (TNG Novel: The Buried Age)
      • Accused willfully or negligently violated rules of engagement by proceeding with unwarranted amounts of force to resolve a confrontation
      • Potential sentencing includes several months in holding, dishonorable discharge (TNG Novel: The Buried Age)
    • Improper hazarding of vessel (TNG Novel: The Buried Age)
      • Accused wrongfully, willfully, or negligently caused a Starfleet vessel to or permitted a Starfleet vessel to be placed at risk of damage or loss
      • Potential sentencing includes several months in holding, dishonorable discharge (TNG Novel: The Buried Age)
  • Specific citations
    • Code 5
      • Section 12
        • Article 413
          • Provides for court martial inquiries in the event of the loss of a vessel in cases of negligence, incompetence, sabotage, or dereliction of duty (VAN Novel: Harbinger)
  • Elaborated and detailed via directives issued by Starfleet Command
    • Directive 010: Before engaging alien species in battle, any and all attempts to make first contact and achieve nonmilitary resolution must be made. (TNG Novel: The Buried Age; VOY: "In the Flesh")
    • Directive 012: When engaged in combat with an unknown alien species, all attempts must be made to resolve said combat using minimum necessary force. (TNG Novel: The Buried Age)
      • Issued to reinforce the importance in achieving communications with hostiles in order to best resolve any continuing conflict via diplomatic means, given that many such hostile encounters are the result of misunderstandings or inadvertent territorial intrusions (TNG Novel: The Buried Age)