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Old January 20 2013, 02:49 PM   #5
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Re: Some "Court Martial" notes.

Dale Sams wrote: View Post
First, some recusing matters. The prosecution is the defendant's ex-girlfirend/lover/whatever?? What the...TNG manages to avoid it in "The Measure of a Man", but here it's just crazy.
Actually I researched this issue for my novel The Buried Age (which depicted the Stargazer court-martial), and it turns out that military law differs from civilian law when it comes to conflicts of interest. In a civilian case, a prosecutor being romantically involved with the defendant would be a conflict requiring recusal, yes. But in the military, officers are required to follow orders regardless of their personal feelings or self-interest. So if you're ordered to prosecute your ex, you have to obey that order and do it to the best of your ability, or else you're guilty of dereliction of duty. (Just as with Riker having to take the case against Data in "Measure.")

Even worse: The President of the Court has vowed to break the defendant, I can only assume he's appointed three other judges with the same ambition.
If you mean Commodore Stone, there is a conflict of interest here. At least under US military law, the person who brings the charges isn't allowed to sit on the panel.

As for the courtroom procedure, yes, it was a mess, but so are most television courtroom dramas.
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