JAG is authorized to make judgment
concerning situations not involving a member of the Council
of Admirals or punishment issued by a member of the Council
of Admirals except where the Council member serves as Commander
of the Security Department as defined in the Security Charter
as approved by the Council of Admirals and punishment was
issued while serving in said role. JAG shall make judgment
based solely on the Articles of the Constitution of the United
Federation of Planets as well as the Code of Conduct. If
JAG is unable to make judgment to that end, JAG is required
to surrender the case to the Council of Admirals.
An Officer of the United Federation of Planets may appeal
an order or decision as defined in Article II, Paragraph
3, Sentence 2; Article VI, Section 2, Paragraph 1, Sentence
2; Article VI, Section 3 of the Code of Conduct and shall
have the right to be defended by an Officer high in rank,
which shall be interpreted as Captain or above, (hereinafter "Defense
Attorney") as defined in Article VI, Section 4 of the Code
of Conduct in a trial to JAG only by direct contact with
the JAG and clearly stating their case. Nonmembers of the
United Federation of Planets shall forward all appeals, injunctions
and reviews directly to the Fleet Admiral as defined in Article
VI, Paragraph 1 of the Code of Conduct. JAG shall determine
the worthiness of the proposed appeal by considering the
matter against the Constitution of the United Federation
of Planets and other Policy passed by the Council of Admirals.
If JAG considers the proposed appeal worthy, JAG will notify
the Prosecutor, member being appealed, and the Defense Attorney,
if the Defendant so chooses to accept the one assigned as
stated in the Code of Conduct.
Upon approval, the Prosecutor shall be given two (2) days
to gather evidence against the Defendant and provide it to
the Defense Attorney and the presiding JAG official. Once
evidence has been submitted and approved by the presiding
JAG official, the Defense Attorney shall be granted one (1)
day to form a defense against the evidence issued by the
Prosecutor. The Defendant, defined as the Officer seeking
an appeal, shall have the option to elect another person
in lieu of their Defense Attorney. No requirement exists
that would require a Defendant to be a current member of
the United Federation of Planets. However, if the Defendant
is not a current member of the United Federation of Planets,
the Defendant shall not have the option to dismiss his/her
Defense Attorney as the Defense Attorney is required to have
the most current knowledge of the Constitution and Policy
passed by the Council of Admirals. Upon the end of time allotted
to the Defense Attorney to build a defense against the approved
evidence provided by the Prosecutor, the JAG will declare
the evidence static and shall set a date in which the presiding
JAG official, the Prosecutor, Defense Attorney and Defendant
shall go to trial. Static evidence shall not be subject to
change and additions and subtractions to evidence garnered
by the Prosecutor shall inadmissible to the trial.
1. The presiding JAG official shall declare the trial ?in
session? and shall establish the rules that shall govern
the trial
2. The Prosecutor shall present their evidence before all
in attendance and shall reinforce the reason the punishment
was issued
3. The Defense shall be given the opportunity to present
their defense in rebuttal to the evidence presented by the
Prosecutor
4. If part of the approved evidence, the Prosecutor shall
present witnesses to give their testimony before all in attendance
5. The Defendant shall be given the opportunity to question
the witnesses as they are presented
6. The Defendant shall present their evidence before all
in attendance and shall state the reason(s) their punishment
should be overruled
7. The Prosecutor shall be given the opportunity to present
their defense in rebuttal to the evidence presented by the
Defendant
8. If part of their defense, the Defendant shall present
witnesses to give their testimony before all in attendance
9. The Prosecutor shall be given the opportunity to question
the witnesses as they are presented
10. The Prosecutor shall present their last arguments
11. The Defendant shall present their last arguments
12. The presiding JAG official shall adjourn the trial to
contemplate their decision.
13. Once decided, the presiding JAG official shall reconvene
the trial and shall find in favor of the Prosecutor or in
favor of the Defendant before all in attendance, during which
the Prosecutor and Defendant shall remain silent.
14. The presiding JAG official shall then declare the trial
?closed.?
The decision as presented by the presiding JAG official shall
be submitted to the Council of Admirals and the Commander
of the Security Department.
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