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Starfleet Legal System

Bry_Sinclair

Vice Admiral
Admiral
I'm just wondering what the punishments were for those in Starfleet that find themselves on the wrong side of the judicial service.

We've heard of some going through court-martials and being imprisoned for their actions (Ro and Paris spring immediately to mind, they were both locked up for negligence that resulted in the deaths of others), but just how much time in a penal colony are they sentenced too? Or would there be some crimes that would just see the individual discharged from service rather than serve time? What other punishments might they face?
 
I feel as an evolved society you'd see more focus on rehabilitation rather than punishment, I really doubt it'd be so barbaric as our penal system, if you know what I mean? I feel you'd see a lot of discharging and maybe something similar to like disbarring, where you wouldn't be allowed in certain roles, and so on. For people who do get sent to prison I feel they'd only be there so long as they're viewed as extremely dangerous, and once you're safe you'd be re-integrated into society.
 
We never hear of "time" for a Starfleet criminal in TNG, and never for a civilian one in TOS. Instead, there's psychiatric treatment that is accompanied by incarceration of required duration.

It's odd that two people do get punished by freedom deprivation torture, one in each era - but both cases are sort of understandable outliers, dealt with in a combination of deep shadows and bright public spotlights. Mike Burnham is a political prisoner first and foremost, and so is Dick Bashir. The former because of the need for a scapegoat in this nasty war business that puts the lie to Starfleet policies and principles, the latter because of the religious hatred towards genetic augmentation.

"The books" in general may be highly enlightened, to the point that they would sicken us all. But exceptions like the above are likely to survive even drastic changes in thinking. Four centuries is too little for the 1990s to be forgotten on Earth, reflecting many a thing on today's or yesterday's Earth. And if you make enlightenment look bad, you are bound to roast on a stake.

Timo Saloniemi
 
Wasn't Ro supposed to be serving a life sentence? I know Tom Paris was due for a parole hearing, and indeed according to Non Sequitor he was released from prison a few months after Caretaker anyway, though his life basically consisted of him being a barfly in France.
 
Punishments can range anywhere from "eh, no biggie" for defrauding your way into Starfleet and having an unknown, unfair advantage over your peers (Bashir) to "we're planning to tear you apart and study your brain if you try to assert any more of these so-called 'rights'" for 20-year veteran officers (Data).
 
Starfleets Legal and Justice system is not as complicated as many think.
I will try to keep this very simple to explain. But, essentially everything works around rehabilitation. Starfleet does not simply lock some one in a cell for years on end. Prisoners and Prisons are more relatable to Drug Rehab centers of the past.. The idea being to find what caused the individual to do what they did, and correct any problems. Allowing them to return to normal life after sentence. Prison Labor could be more related to " Landscaping" or "Maintainance" work.
There are, of course, those who need more help, or maybe cannot be rehabilitated at all. And while they are still held in high security centers, its still more of a hospital to help the individual as opposed to simple Jail Time. These individuals are often transferred of a more appropriate center on Earth.
If you are comparing Starfleets Legal System to that of today, the basis is the same. Just, its not about putting someone away in a cell for xx amount of years, but rather, lets see what we need to do to help this individual to get back to regular life. Where 2 people convicted of the same crime and given the same sentence, 1 may serve longer then the other depending on how the rehab goes.
However, that being said. It does take a lot for formal charges to get put forward where a court in necessary to pass judgement. Most cases are able to be dealt with from the Commanding Officer.

I am not a Legal Officer, so I'm not the best at explaining it. I apologize.
To put it personally, Starfleet doesnt want to put people away, its to much of a drain on resources to just lock someone away for however long. Starfleet wants to help rehabilitate people, so they can return to their lives. Sentences are not finite. Someone sentenced to 5 years of hard labour could find themselves out in 2 years if they rehabilitate properly.
The main idea of imprisonment being to keep the offender safe where they can receive help so that one day they can overcome their issues and return to a normal life.
Other things, such as returning to starfleet duty, is decided by a counsel of Doctors, Councillors, and senior administrative officers afterwards.

Judgement is still up to the Judge or Senior Officer in Charge, and can range from topic. However, as I said before. Sentences are not finite. Its all about what you do to change while you are in there. Prove it, and you can be pardoned. (Being pardoned from a prison term does not mean the initial incident is removed from your starfleet record, but officers will be understanding of the circumstances).

If you have any future questions about this, I can try to contact a Legal Officer for the official terminology on it all.
 
I agree that the focus should be on rehabilitation rather than punishment.

I'm sure advanced 24th-century medicine can work wonders when it comes to forcibly altering the brain to ensure proper thought and behavior. :borg:

Kor
 
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