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@ -12,7 +12,7 @@ It is highly recommended to read the '''[[Standard Operating Procedure|Standard
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* '''[[Standard Operating Procedure#Paroles and Pardons|Paroles & Pardons]]:''' Parole may be offered under the discretion of the Warden, Head of Security, or CO. A parole hearing requires only a Judge, as discussed within Trial Procedure. Pardons may be issued by the arresting officer, the Judge of a trial, by the Warden (to those within the permanent brig), or by the CO, when deemed in the best interest of the crew or vessel, or when the circumstances of the crime warrant suspension of sentence.
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* '''[[Standard Operating Procedure#Pressing Charges|Pressing Charges]]:''' Any sophont may press charges against any other sophont. Individuals may only be charged with a crime if it can be proveny beyond reasonable doubt that they have committed the crime.
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* '''[[Standard Operating Procedure#Trial Procedure|Trial Procedure]]:''' A criminal trial’s Judge must be, in sequential order: The Chief Justice, the Court Clerk, an impartial member of Justice or Station Command, or the Warden. The Prosecution should ideally be the Prosecutor, or an available member of Station Command or Station Security in that order. The Defense should ideally be a member of the Justice department assigned to the defendant, though they are allowed to represent themselves if they wish. If insufficient crew are available, the Judge is fully authorized and strongly encouraged to pass a sentence of Extended Confinement until a proper trial can be held.
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* '''[[Alert Procedure]]:''' Codes Blue, Red, Gamma, and Delta authorize Security to carry progressively more advanced firearms, and loosen '''[[Standard Operating Procedure#Rules of Engagement|Rules of Engagement]]''' regarding their use. The latter two suspend the right to individual privacy (allowing warrantless searches), allow for warrantless departmental raids, and place the station in martial law.
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* '''[[Alert Procedure]]:''' Codes Blue, Red, Gamma, and Delta authorize Security to carry progressively more advanced equipment, and loosen '''[[Standard Operating Procedure#Rules of Engagement|Rules of Engagement]]''' regarding their use. The former two codes disallow openly carrying firearms by non-Security personnel; the latter two suspend many rights to privacy, and grant Security the power to do whatever neccessary to retake or scuttle the station.
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==Procedural Defense==
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If a defendant is accused of a crime, they are granted the privilege to challenge the legitimacy of charges of claims brought against them. Any of the following may be invoked:
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@ -12,6 +12,7 @@ The terms specified below are defined for further use within the procedures.
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:* Arrestee: Any sophont who has been formally charged with a crime.
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:* Prisoner: Any sophont who has been sentenced for the commission of a crime, or awaiting a hearing for a capital offense.
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:* Permanent Brig/Permabrig/Brig: A secure location for the long-term confinement of Prisoners. Typically outfitted to sustain the basic survival needs of the Prisoners within.
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==Right to Refuse Service==
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All crew operating within their designated job locations are given the right to refuse service at any time for disorderly or abusive conduct. Additionally, all crew members are permitted to use nonlethal force to remove noncompliant or disorderly individuals only when such persons pose a threat to the safety of staff members, or disrupt the orderly functioning of the station. Service may not be refused to first responders acting to address or mitigate an emergency or crisis situation, unless such conduct is egregiously disorderly or abusive.
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@ -249,14 +250,15 @@ Should prisoners repeatedly and maliciously antagonize law enforcement, to an ex
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Moreover, prisoners are liable for any and all crimes that they commit while held either in the temporary holding cells or the Permanent Brig, and may, in the case of the Permanent Brig, be placed in solitary confinement for the duration of the sentence the committed crimes incur.
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==Arrest and Sentencing==
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Any sophont, that has been formally charged with the commission of a crime, or can be assumed to have committed a crime under [[Standard Operating Procedure#Probable Cause]] may be arrested by a member of Security. In an arrest, the suspect will be restrained, informed of their charges, and moved to the Brig for processing.
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Any sophont, that has been formally charged with the commission of a crime, or can be assumed to have committed a crime under [[Standard Operating Procedure#Probable Cause| Probable Cause]] may be arrested by a member of Security. In an arrest, the suspect will be restrained, informed of their charges, and moved to the Brig for processing.
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Legal counsel may be requested by an Arrestee, and must be provided if available.
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At the brig the prisoner is searched and confined to a holding cell. Any items on their person they are not authorized to possess are confiscated and sent to the justice department for processing and storage as evidence. It is the duty of both the Warden and the Chief Justice to ensure evidence is handled properly and safely.
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The prisoner is sentenced according to Space Law.
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Any items deemed unbefitting of a prisoner may be taken for the duration of incarceration and must be returned at the end of the sentence.
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Any member of Security is authorized to pass sentences on all Grand Felony, Felony, and Misdemeanor-level crimes. The Chief Justice, or in their absence the Head of Security, is authorized to pass sentences on all Crimes, and to correct, or even acquit them, in accordance with Space Law.
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Should the Prisoners sentence exceed a total of 25 minutes, or if the crimes charged include a capital crime, the prisoner is transported to the Permabrig to await their [[Standard Operating Procedure#Hearings|Hearing]]. If after 25 minutes a hearing still has not been conducted, the prisoner is offered to be implanted with a tracking implant andreleased, and to arrive to the hearing when it happens. Failure to attend constitutes contempt of court.
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Should the Prisoners sentence exceed a total of 25 minutes, or if the crimes charged include a capital crime, the prisoner is transported to the Permabrig to await their [[Standard Operating Procedure#Hearings|Hearing]]. If after 25 minutes a hearing still has not been conducted, the prisoner is offered to be implanted with a tracking implant and released, and to arrive to the hearing when it happens. Failure to attend constitutes contempt of court.
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==Appeals, Parole, Pardons==
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Appeals are handled by the Chief Justice. Attorneys may appeal a past ruling on behalf of their client, if presented with new evidence. If the evidence exonerates the Prisoner, their sentence is adjusted as necessary by the Chief Justice.
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A Prisoner sentenced to a Felony or Grand Felony crime may request an appeal by the Clerk or Chief Justice, these appeals may be denied for any reason.
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@ -296,17 +298,18 @@ Neither prosecution nor defense may interrupt one another during presentation of
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==Hearing Procedure==
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A Hearing should take no longer than 10 minutes, and follows these steps:
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0. Prosecution informs the Judge, the Accused and the Defense of all charges. The Accused is asked if they want to plead guilty.
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1. The Judge confirms that every required person is present, and begins the hearing.
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2. The Prosecution reads the charges. Any crimes not charged are not subject to the hearing and cannot be accounted for in sentencing.
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3. The Prosecution presents all evidence to support the charges.
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4. The Attorney contests the prosecution's version of events and presents their own evidence.
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5. The Judge rules on whether the suspect reasonably has committed the crime. If the accused is found not guilty of a more severe version of a crime, the Judge may still find them guilty of a less severe version (for example if found not guilty of murder, the accused may be found guilty of manslaughter), despite the crime not being charged.
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6. Any Ruling is enacted; if a party refuses to follow through with the ruling, they may suffer criminal penalties.
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* 0. Prosecution informs the Judge, the Accused and the Defense of all charges. The Accused is asked if they want to plead guilty.
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* 1. The Judge confirms that every required person is present, and begins the hearing.
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* 2. The Prosecution reads the charges. Any crimes not charged are not subject to the hearing and cannot be accounted for in sentencing.
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* 3. The Prosecution presents all evidence to support the charges.
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* 4. The Attorney contests the prosecution's version of events and presents their own evidence.
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* 5. The Judge rules on whether the suspect reasonably has committed the crime. If the accused is found not guilty of a more severe version of a crime, the Judge may still find them guilty of a less severe version (for example if found not guilty of murder, the accused may be found guilty of manslaughter), despite the crime not being charged.
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* 6. Any Ruling is enacted; if a party refuses to follow through with the ruling, they may suffer criminal penalties.
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Suspects who are found guilty of a part of the charged crimes, in a way where the total sentence does not exceed 25 minutes, may be released immediately, at the judges discretion.
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A capital sentence should be approved under Space Law.
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The default sentence for suspects guilty of a capital crime is permanent confinement. If there is no doubt of the suspects guilt of a capital crime, or a guilty plea to a capital crime, and the nature of the crime is judged to be extreme and heinous, the Judge is authorized to sentence the prisoner to be executed.
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=Medical Regulations=
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==Standard of Care==
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