[SOP Workgroup] Article 5 - Sentencing, Trials, and Hearings

src/design-proposals/nanotrasen-colonial-law-and-procedure/Article 5 - Sentencing, Trials, and Hearings.md

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+# Sentencing, Trials, and Hearings
+
+## Table of Contents:
+
+1\. Legal Definitions  
+2\. Sentencing  
+3\. Court Proceedings  
+4\. Classified Court Proceedings  
+5\. Captain’s Mast  
+---
+
+## **1\. Definitions**
+
+Judge: The current legal arbiter of a trial or hearing.  
+Prosecution: The party pressing charges.  
+Defendant: The party being accused.  
+Defense: The party representing the defendant: May be the defendant themselves.  
+Charge: An accusation of a crime.  
+Sentence: An official judgment of a crime committed and accompanying punishment to serve.  
+Plea: An official statement in court from the Defendant about whether they are guilty or innocent.  
+Verdict: An official determination of guilt, by the presiding Judge.
+
+---
+
+## **2\. Sentencing**
+
+Sentencing is the act of determining a suitable punishment for convicted criminals.  
+The presiding Judge determines the sentence after they have made an official verdict.
+
+### **Processing Priority**
+
+At any given time, at least one legal authority must be in charge of sentencing aboard the station.  
+Typically, this is the Judicial Officer, but in their absence, the responsibility falls upon the following order of succession:
+
+1\. Judicial Officer  
+2\. Executive Officer  
+3\. Captain
+
+The Judge is responsible for:
+
+* Determining which level of hearing is suitable for the charges.  
+* Delivering a verdict: Whether or not the defendant is guilty.  
+* Determining a sentence: The amount of brig time and/or alternative punishments to assign.
+
+The Captain still holds the most legal authority aboard the station, and has the final say in any legal matters. 
+
+### **Standard Punishment Lengths**
+
+The following times are to be used as a baseline, based on the severity of crime committed:
+
+* Infraction: No brig time.  
+* Misdemeanor: 10 minutes.  
+* Felony: 20 minutes.  
+* Capital Offense: Permanent.
+
+### **Executions**
+
+At the Judge’s discretion, a permanent sentence may be raised to an execution.  
+Any executions need express permission from the presiding Captain, and cannot be authorized in the absence of one.
+
+Executions are recommended only when multiple Capital Offense charges have stacked, or if a single Capital Offense has been aggravated multiple times.
+
+### **Crime Categories and Stacking Crimes**
+
+Charges from the same Crime Category cannot be stacked for the same sentence. Only the highest offense in that category will be counted.
+
+Multiple crimes from different categories can stack freely, up to a maximum time of 40 minutes.  
+If the brig time exceeds 40 minutes, the Judge is recommended, but not required, to elevate the punishment to Permanent Confinement.
+
+The Judge may choose to elevate a permanent sentence to Execution, if multiple Capital Offenses were committed at the same time.
+
+### **Aggravating Circumstances**
+
+Aggravating circumstances increase the severity of a punishment.  
+At their discretion, the Judge may decide to simply increase the punishment, or to elevate the crime tier by one level.
+
+**Attempted/Planned Crime**:  
+Attempted or planned crimes are to be charged as the full crime committed, so long as there is clear evidence. A crime should not be charged as attempted if there is a more fitting lesser crime.
+
+**Alert Level**:  
+Committing a crime that directly goes against restrictions placed during a heightened alert level, or directly goes against a public announcement made by Command.
+
+**Brutality**:   
+The crime was committed recklessly, with no regard for collateral damage, and/or with a complete lack of remorse.
+
+**Evasion of Enforcement**:  
+The defendant greatly resisted arrest, or otherwise evaded and obstructed security from charging them.
+
+**Parole Violation**:  
+The crime was committed while the defendant was on parole, or serving an alternative sentence.
+
+**Privileged Victim**:  
+The crime was committed, and concerns a member of high ranking or authority under NanoTrasen.
+
+**Repeat Offense**:   
+The Defendant has already been sentenced for the same crime this shift.
+
+### **Extenuating Circumstances**
+
+Extenuating circumstances decrease the severity of a punishment.  
+At their discretion, the Judge may decide to simply decrease the punishment, or demote the crime tier by one level.  
+The Judge may also decide to waive punishment entirely, but the Judge is recommended to use this power sparingly.
+
+**Cooperation**:  
+The defendant cooperated with Security personnel and did not resist.
+
+**First Offense**:  
+The defendant has no criminal record this shift, and only committed the single charged crime.
+
+**Enforcement Incompetence**:  
+Security used excessive force to perform the arrest, took excessive time to process the defendant, or otherwise greatly inconvenienced the justice process.
+
+**Self-Defense**:  
+The crime was committed in self-defense.
+
+**Self-Reported**:  
+The defendant turned themselves into Security, and/or willingly returned any stolen property.
+
+**Necessity**  
+The defendant has shown that the crime they committed was necessary to prevent some greater harm.
+
+**Victim Involvement**:  
+The victim personally requested that the charges should be dropped or reduced.
+
+### **Alternative Punishments**
+
+Alternative punishments may be offered as a replacement or reduction to brig time.  
+The Defense can argue for alternative punishments, but the sentence is ultimately up to the Judge.  
+Possible alternative punishments are listed below:
+
+**Community Service/Station Labor**:  
+The detainee agrees to serve some time performing hard labor for the station while under watch by Security, or while in confinement.
+
+**Demotion**:  
+The defendant loses their current job and is hired to the position below them.
+
+**Disclosure**:  
+The defendant agrees to reveal incriminating information about their accomplices, or any other critical information relevant to station security.
+
+**Financial Compensation**:  
+The defendant agrees to pay scrip to the victims, to cover the cost of the crimes committed.
+
+**Reverse Damages**:  
+The defendant promises to reverse damages, or reveal the location of stashed stolen goods.
+
+### **Parole**
+
+The Judge may offer parole if they deem the defendant capable of genuine reform.  
+Parole can be discussed with a representative lawyer, after the prisoner has served at least half of their sentence, or 20 minutes in the case of permanent sentences.  
+The Judge is highly recommended to consider parole offers that result in increased productivity and profits to NanoTrasen.  
+The Judge, with the Warden’s express approval, is highly encouraged to have a Security Officer assigned as the defendant’s parole officer.  
+Parole may have additional conditions, as listed below:
+
+**Community Service/Station Labor**:  
+The detainee agrees to serve some time performing hard labor for the station while under watch by Security, or while in confinement.
+
+**Character Reform**:  
+The detainee agrees to an appointment with a station Psychologist or Chaplain, who evaluates their level of remorse and likelihood to reform.
+
+**Free Parole**:  
+Detainees expressed good behavior while in custody, and may be tentatively freed from their sentence, so long as they check up with security regularly. Security may choose to require them to use a Bodycam, Electropack, and/or Tracking Implanter.
+
+---
+
+## **3\. Court Proceedings**
+
+There are multiple types of court proceedings, held based on the severity of the charges.  
+It is up to the Judge to select which proceeding should be held, and to determine which cases are sufficient to go to Trial.
+
+### **Summary Hearings**
+
+A quick, informal judgment for minor offenses.  
+Held for Misdemeanors.  
+Also held when protesting an Infraction.  
+Target time is 1-2 minutes.
+
+### Prosecution:
+
+* Arresting Officer  
+* No one, in the case of a protested Infraction.
+
+### Defense:
+
+* Defendant self-representation.  
+* The defendant may request a lawyer, but their sentence will be paused until the lawyer arrives, and during any consultation.
+
+### Witnesses:
+
+* Witnesses are not allowed. NT will not waste valuable productive time on a Summary Hearing.
+
+### Procedure:
+
+1\. Prosecution reads their charges.  
+2\. The Judge proposes a sentence for these charges, and asks if the defense pleads guilty.  
+3\. If the defense pleads not guilty, they state their case and present any relevant evidence.  
+4\. The Judge reviews the defendant’s case, and adjusts their sentence if necessary.  
+5\. The Judge closes the case with their verdict, and the officer either lets them go free or escorts them to the brig to serve, as necessary.
+
+### **Formal Hearings**
+
+Lengthier, formal hearings for more severe crimes.  
+Held for Felonies.  
+Also held for Capital Offenses that do not wish to escalate into a Trial.  
+Target time is around 15 minutes.
+
+### Prosecution:
+
+* Arresting Officers must have an Internal Affairs Agent represent them as prosecution, so that they may return to their duties should it be needed.
+
+### Defense:
+
+* A lawyer must be offered to represent the defendant.  
+* The defendant can still choose to self-represent, but it is not recommended.
+
+### Witnesses:
+
+* Witnesses are only allowed if it is absolutely essential to the determination, and to a maximum of one per side.  
+* Witnesses may not be allowed to be Command, Security, or other essential jobs that cannot afford to be away from their post.
+
+### Procedure:
+
+Pre-Hearing Consultation:
+
+* Both sides may briefly consult with their representation, before the Trial officially begins.  
+* Consultations are confidential. Statements said in consultation never have to be disclosed.  
+* There is no strict time limit on consultation, but time spent consulting does not reduce any eventual sentence.  
+* Both sides are recommended to plan for and consider:  
+  * Whether they will plead guilty or not guilty.  
+  * What witnesses, if any, they intend to call.  
+  * Whether any aggravating or extenuating circumstances apply.  
+  * Whether a plea deal for an alternative punishment is worth pursuing.
+
+1\. Opening
+
+* The Judge identifies all participating parties, and reads the formal charges aloud.
+
+2\. Plea
+
+* The Judge formally asks: “How does the Defendant Plea?”  
+* If the Defense pleads guilty, skip to step 5 (Sentencing)  
+* If the Defense pleads not guilty, proceed.
+
+3\. Presenting Cases
+
+* The Prosecution presents their case in its entirety, followed by the Defense in its entirety.  
+* Any physical evidence must be formally presented before the Judge, and entered into the record before it can be referenced in argument.  
+* Each side may bring their witnesses to the stand and question them directly.  
+  * After each witness, the opposing side may briefly cross-examine.  
+* The Defendant may choose to testify. If they do, they are subject to cross-examination.
+
+4\. Verdict
+
+* The Judge delivers a verdict on each charge.  
+* If the Defense is found Not Guilty on all charges, the hearing closes immediately.
+
+5\. Sentencing
+
+* Both sides may now argue for aggravating or extenuating circumstances that should influence the sentence.  
+* Either side may also propose a plea deal, for an alternative punishment in lieu of standard brig sentencing.  
+* The Judge considers these arguments and issues their final sentence.
+
+6\. Closing
+
+* The arresting officer either releases the defendant or escorts them to serve their sentence, as appropriate.
+
+### **Trials**
+
+Extremely in-depth, formal procedure, only for the most severe crimes.  
+Held only when the defense chooses to escalate a Capital Offense charge to a Trial.  
+May only be held with a NanoTrasen-approved Judicial Officer, not an acting Judge.  
+No target time. May be as long or as short as necessary for the Judicial Officer to come to a verdict.
+
+### Prosecution:
+
+* Arresting Officers must have an Internal Affairs Agent represent them as prosecution, so that they may return to their duties.
+
+### Defense:
+
+* A Lawyer must be offered to act as the accused’s defense.  
+* The accused can still choose to self-represent, but it is not recommended.
+
+### Witnesses:
+
+* Witnesses are allowed and encouraged.  
+* Witnesses can be anyone, including Security and Command.
+
+### Procedure:
+
+Pre-Trial Consultation:
+
+* Both sides may briefly consult with their representation, before the Trial officially begins.  
+* Consultations are confidential. Statements said in consultation never have to be disclosed.  
+* There is no strict time limit on consultation, but time spent consulting does not reduce any eventual sentence.  
+* Both sides are recommended to plan for and consider:  
+  * Whether they will plead guilty or not guilty.  
+  * What witnesses, if any, they intend to call.  
+  * Whether any aggravating or extenuating circumstances apply.  
+  * Whether a plea deal for an alternative punishment is worth pursuing.
+
+1\. Opening
+
+* The Judicial Officer identifies all participating parties, and reads the formal charges aloud.
+
+2\. Plea
+
+* The Judicial Officer formally asks: “How does the Defendant Plea?”  
+* If the Defense pleads guilty, skip to step 9 (Allocution)  
+* If the Defense pleads not guilty, proceed.
+
+3\. Opening Statements
+
+* The Prosecution gives a brief summary of what they intend to prove, and how.  
+* The Defense gives a brief summary of their argument or facts they intend to dispute.
+
+4\. Presenting Cases
+
+* The Prosecution presents their case in its entirety, followed by the Defense in its entirety.  
+* Any physical evidence must be formally presented before the Judicial Officer, and entered into the record before it can be referenced in argument.  
+* Each side may bring their witnesses to the stand and question them directly.  
+  * After each witness, the opposing side may cross-examine.  
+* The Defendant may choose to testify. If they do, they are subject to cross-examination.
+
+7\. Closing Arguments
+
+* The Prosecution presents their closing argument, then the Defense.
+
+8\. Verdict
+
+* The Judicial Officer determines Guilty or Not Guilty for each charge.  
+* If the Defendant is found Not Guilty on all charges, the Trial closes immediately.
+
+9\. Allocution
+
+* The Defendant is given the floor to address the court directly and personally.  
+* They are not to be interrupted, cross-examined, or objected to in any way.  
+* This is the Defendant’s opportunity to explain themselves, apologize, or appeal to the court’s mercy.
+
+10\. Sentencing
+
+* Both sides may now argue for aggravating or extenuating circumstances that should influence the sentence.  
+* Either side may also propose a plea deal, for an alternative punishment in lieu of standard brig sentencing.  
+* The Judicial Officer considers these arguments and issues their final sentence.
+
+11\. Closing
+
+* The arresting officer either releases the defendant or escorts them to serve their sentence, as appropriate.
+
+---
+
+## **4\. Classified Court Cases**
+
+---
+
+## **5\. Captain’s Mast**