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Although
most infractions can be handled through less severe reprimands, or short incarceration
in a brig, some crimes are so severe as to warrant a courts-martial. A courts-martial
is a trial under Starfleet’s Uniform Code Of Military Justice, as opposed to Federation
civilian law, and is normally conducted by a committee of officers.
Any officer of the rank of Captain or higher can submit a subordinate officer for immediate
courts-martial (though frivolously abusing this right is itself a courts-martial offense.)
Officers of the Judge Advocate General's office have the power to submit any member
of Starfleet for courts-martial, as long as they submit an approved finding to a JAG
officer of the rank of Captain or higher. Once it has been called, a courts-martial is typically
convened within seventy-two hours. As part of the formal order of courts-martial, the presiding
representative of the JAG’s office nominates both a prosecuting advocate and an advocate
for the defense. Typically, both advocates are officers from the local JAG office. If no
suitable JAG advocates are available, however, the JAG representative can nominate
any available Starfleet officers as ad hoc advocates. The accused always has the right
to refuse the nominated defense advocate and either serve as his own lawyer or appoint an
eligible officer of his choice.
A panel of three judges presides over a courts-martial proceeding, usually officers from the
JAG office. If none are available, the JAG office typically appoints and ad hoc
judge -- the fleet admiral for the sector. Only officers ranked Commander or higher can serve
as judges, and no officer with an obvious conflict of interest, such as friendship, is allowed
to serve. If possible. the JAG representative who signs the order for courts-martial
appoints a full three-judge panel.
Procedurally, a courts-martial is handled very much like a civilian criminal trial. Both sides
make opening statements, the prosecution presents its witnesses and evidence, the defense presents
its case, and both sides make closing arguments. Each side has the right to cross-examine the
witnesses presented by the other side, and almost all the rules of evidence and court room procedure
applicable to civilian trials apply equally to courts-martial’s. Unlike civilian trials, however,
courts-martial proceedings do not employ juries; guilt or innocense is determined by the panel of
judges. Courts-martial’s tends to be less formal affairs, moving along at a much faster pace than
a civilian trial, and rarely take more than a week to complete.
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