Oops, there was a subject matter to this thread, too...
I got to thinking of this during the "No law against genocide" threat. Is the M-5 computer considered to be a sentient being? It was programmed with Dr. Daystrom's memories and personality, and was capable of making decisions and acting on them. So does M-5 qualify as fully sentient, according to generally accepted definitions of the term?
We'd probably do well to find one of those "generally accepted definitions". The problem is, there apparently are none.
M-5 could just be a well-trained parrot. So could Kirk, Daystrom, you and me. OTOH, Kirk's tricorder could be sentient, and simply unwilling to brag on it much. Poor command of the hero character's native language shouldn't be taken as indication of lack of things like intelligence, self-awareness, a sentimental nature, or a deep passion for carrot pie and opera. Conversely, excellent command of Shakespeare should not stand for proof of the above.
And if so, does this mean that M-5 can be prosecuted for war crimes as it clearly committed in the episode? Or since Daystrom was obviously mentally unstable, and he programmed M-5, does this mean M-5 is also "insane" and would not be found guilty?
Insane people are guilty. Or, more accurately, guilty people are insane.
We don't know whether sentience would affect guilt in the TOS legal system. To date, few human systems have bothered to mention the concept, preferring to define legal competence and human rights by far more exacting criteria - often excluding some 90% of mankind for convenience! The Federation might not wish to be accused of declaring people property, and could readily declare property people just to be on the safe side.
In TNG, we know that sentience remains an issue the law actively tries to ignore. Data can enjoy life and career without any explicit proof of his sentience, but such enjoying does
not suffice for implicit proof of sentience when the push comes to a legal shove. OTOH, sentience just plain doesn't matter: Data gets a specific, narrow court ruling on a right to decide on a specific issue, and nobody
cares whether he becomes sentient in the process; was always sentient; or remains nonsentient.
The possible sentience of M-5 should hardly matter, then. If need be, the courts could go for a Catch-22: if M-5 is sentient, then he will be executed for wanton murder, and if it is not, it can be shut down for good without complications.
Timo Saloniemi