User talk:Awan

United States Colonial Marines
Uniform Code of Military Justice

Laws and Punishments

Charges: Only one charge may be applied per person, per unlawful event, except Resisting Arrest which can be optionally added on to any charge. It is the duty of the arresting MP to determine which charge to apply. The Chief MP or aCO may override this decision ONLY before the prisoner has been brigged unless he/she is giving the prisoner a lower time than the arresting MP. The Minimum Punishment should be used in most cases unless it is a duplicate crime or several crimes have been committed and only one can be chosen.

Permanent Confinement: If the total punishment is to exceed 60 minutes, the Chief MP or aCO can give special permission for permanent confinement, no matter the crime.

Repeat Offenders Repeat offenses after the offending personnel are released may NOT be waived or lessened.

Aiding, abetting, conspiring: Assisting others in committing a crime, directly or indirectly, encouraging them to commit one (including bribery), conspiring or attempting to commit a crime will be treated as having committed that crime with regards to punishment.

Cooperation, good behavior, patience: Exemplary conduct may lead to waiving or lessening punishments for minor crimes at the discretion of the aCO or CMP. I.e.: if a PFC has three counts of Insubordination but, upon imprisonment, writes a well-thought-out and genuine apology to the affected personnel and does not resist at any point during the arrest procedure, one strike may be removed from his Insubordination charge which may either cut his brig time in half or lead to an NJP and summary release at its completion.

Optional

These can be added on to any existing charge as needed.

Charge	Description	Minimum Punishment	Maximum Punishment
Resisting Arrest	To resist a lawful arrest or search by a Military Police officer.	10 minutes	30 minutes
Aiding and Abetting	Assisting others in committing a crime, directly or indirectly, or encouraging them to commit one.	Same punishment as the crime committed	Same punishment as the crime committed

Minor Crimes

Charge	Description	Minimum Punishment	Maximum Punishment
Failure to Follow Procedure	Failing to follow the regulations found in the Standard Operating Procedure.	Warning	15 Minutes; Equipment confiscation
Vandalism	Damaging the ship or making any unauthorized modifications to it as outlined in Standard Operating Procedure.	Return ship to its exact previous state.	30 Minutes
Prevarication	To intentionally order the arrest of a marine who is then found to be innocent, to knowingly falsly report a crime or to apply an improper or abusive NJP. If there is probable cause or a reasonable suspicion the marine cannot be charged with Prevarication.	5 Minutes	10 Minutes
Hooliganism	Behavior that is generally disruptive to the ship and crew that classifies as low-level shenanigans not deserving of more severe punishment. Things such as excessive window knocking, force-feeding other marines or failing to conduct oneself properly during briefing.	5 Minutes	10 Minutes
Trespassing	Unauthorized access of an area which a person does not have access to at the beginning of the shift or without command/superior approval.	Escort out of the unauthorised area	30 Minutes
Insubordination	Failing to follow a lawful order from a superior. Using offensive names or being directly disrespectful to someone of a higher rank or position. Each offense stacks.	See special provision.	See special provision.
Intoxication	To consume alcohol or other substances such as alcohol or hallucinogenic drugs resulting in impaired job performance.	Brig time until sober	Brig time until sober; Demotion
Contraband	Possessing, or distributing controlled substances or unauthorized items or weapons as defined in Standard Operating Procedure or impairing, intoxicating or addictive drugs such as Mindbreaker, this does not include custom mixes or dosages of medicinal drugs.	10 minutes; confiscation of contraband items	Permabrig; confiscation of contraband; Demotion
Theft	To take items (or property) from another person or entity without their express permission, or to retain possession of items that have been taken without permission.	10 minutes; item returned to the owner	30 minutes; item returned to the owner

Major Crimes

Charge	Description	Minimum Punishment	Maximum Punishment
Disorderly Conduct	Severely disrupting primary operations of the ship, FOB or other mission-critical locations and/or preventing commissioned/support personnel from performing their duties in an adequate and timely fashion. I.e.: disabling the chem stations in the Medbay or preventing Requisitions from delivering mission-critical Cargo. (ooc note: They have to disrupt the flow of the round)	15 Minutes	30 Minutes
Damage to Government Property	Damaging the ship or USCM equipment in a way that (severely) hinders the operation. For example, using plastique explosives on the dropship fabricator or cutting telecommunications wires.	15 Minutes	30 Minutes
Neglect of duty	Failure to perform one’s role to an acceptable standard. For example, a Commanding Officer failing to properly organize and ensure his personnel are given orders, failing to follow proper procedure in detriment of one’s duties, or ship crew leaving the ship without authorization from the Commanding Officer or their Department Head. Any officer who commits a crime may be charged with Neglect of Duty in addition to the appropriate crimes.	15 Minutes	25 minutes; Demotion/removal of command
Assault	To threaten or use physical force against someone with ill intent, but without intent to kill.	15 minutes	30 minutes
Manslaughter	Killing someone without malicious intent. Manslaughter may be applied if someone dies as a result of a fight where the intent was not to kill.	20 minutes; Demotion	30 Minutes; Demotion
Assault with a deadly weapon	To threaten or use physical force against someone with ill intent and with a lethal weapon such as a sidearm, blade, or rifle.	30 minutes	Permanent confinement
Illegal Confinement	Unlawfully detaining a person against their will. Includes, kidnapping, hostage taking and confining people in cells without charging them for a crime. Does not apply to Prisoners of War.	30 minutes	Permanent confinement
Interfering with an arrest	To disrupt or interfere with a lawful arrest done by the military police.	Same punishment as accused	Permanent confinement

Capital Crimes

Charge	Description	Minimum Punishment	Maximum Punishment
Jailbreak/Escape	To escape, assist in an escape, attempt escape, or be willfully and knowingly broken out.	Double initial time is applied to all involved	Permanent Confinement
Sexual Assault	To attempt to or succeed in the acts of assaulting another person sexually, including rape.	Permanent confinement	Execution
Murder or Unauthorized Execution	Killing someone with malicious intent. This includes Synthetic units. Executions are only authorized as outlined in Execution Procedure.	Permanent confinement	Execution
Sedition	To engage in actions or refuse to follow orders as to overthrow or usurp the legitimate command structure.	Permanent confinement	Execution
Desertion	Refusing to carry out the duties essential to one’s post or abandoning post unauthorized, without intent to return. (Retreating from the planet when the FOB is breached is not Desertion, refusing to return when ordered is).	Permanent confinement	Execution

Non-Judicial Punishments (NJPs)

For crimes with a sentence equal to or lower than 10 minutes, the arresting MP, CMP or the aCO may administer a Non-Judicial Punishment instead of a brig sentence. NJPs may only be issued to those they outrank. This may range from reprimands or PT to extra duties or reassignment to a new post, but may not be physically abusive. Additionally, Commissioned Officers and Squad Leaders may apply NJPs to marines under their command should they be insubordinate or disrespectful. Failure to comply with non-judicial punishment will result in a 10 minute increase to brig time. NJPs may not impede the marine from performing his duty for more than 10 minutes. All punishment-related orders to perform tasks outside a marine's assigned duties are considered NJPs and require the subject to have committed a named criminal offense to be issued.

Application

The UCMJ applies to all personnel in the vicinity of a USCM Operation or on board a ship, this includes the whitelisted Commanding Officer and Chief MP. The only exceptions are specially dispatched officials from High command or the Provost Marshal Office and Diplomatically Immune Company Executives (not the onboard Liaison or PMC teams).

• On USCM ships and operations, the law is enforced by the MPs, Chief MP, deputized Enlisted officers and the aCO and they operate independently from the normal command structure ONLY in matters related to the enforcement of the Law. If there is no Cmp the aCO can assign an mp or Enlisted officer as aCMP. Who has to stand down as soon as the CMP arrives.

• A whitelisted Commanding Officer of the Almayer has final say on law enforcement within his operational area unless overseen by higher officials of the Provost Marshal Office or High Command.

• The Chief MP is the second highest authority in law enforcement, above even the Executive Officer. Only a whitelisted Commander outranks them. While he may perform arrests, it is his duty to administrate the brig, ensure records are updated, timers are properly set, procedure is observed, handle appeals and to review cases and evidence.

• Military Police may, at their discretion, ignore Minor Crimes unless they are ordered to enforce one. However, they should never break Marine Law themselves - Minor or Major crimes.

Insubordination

Insubordination is handled through this special provision in marine law. Failing to follow a lawful order from a superior. Using offensive names or being directly disrespectful to someone of a higher rank or position. Each offense stacks. Insubordination follows a three strike system.

• The first strike is a verbal warning or NJP applied by the CMP unless the comment by the offending personnel includes threats of bodily harm, assault with a deadly weapon, seditious/mutinous comments, and/or allusions to committing crimes according to Marine Law whereupon the charge is adjusted to the corresponding major crime. Note that this is fully under the discretion of the CMP and CO, or if neither role is present, the aCO. A verbal warning has to be non ambiguous. Telling a marine to knock it off does not count as a verbal warning. We recommend the words verbal warning are used when giving the verbal warning.

• The second strike is either an NJP or a 5-minute sentence in the Brig. Again, this is at the discretion of the CMP or aCO. If the marine is groundside the 5 minute sentence is replaced by having to report in to an mp or the brig for a written warning. Note that if the marine is an imminent and known danger to deployed marines the 5 minute sentence can be used at the discretion of the aCO or CMP.

• The third strike is 10 minutes in the brig, with an opportunity for NJP unless the offender is being punished in tandem with another brig-worthy crime. Each offense following this adds another 10 minutes, meaning an NJP is no longer applicable for any reason past the fourth offense. If the combined charges against the offending personnel exceed 60 minutes, they are eligible for Permabrig or execution, as per SOP. Again, this is at the discretion of the CMP or aCO.

Lawful Orders

Marines are required to follow all lawful orders from their superiors and required NOT to follow unlawful orders. Giving an unlawful order with ill intent or one that is carried out will see the marine who gave the order given the same punishment as the marine who carried it out. Unlawful orders are those orders that, when carried out, would result in a breach of Marine Law. Orders meant as punishment that would cause a Marine to have to Neglect their Duties (such as “go stand here for ten minutes” or “run three laps around the hangar” are also unlawful unless applied as NJPs).

Officer Requested Arrests

Should a Commissioned Officer order an arrest for a crime, MPs MUST investigate the accusation. They may arrest and hold that person for upto ten minutes while they gather evidence. Should the suspect be declared innocent of all accused crimes, the requesting officer may incur a Prevarication charge. The time for any crimes the suspect committed as a result of the arrest must still be served, however. An officer requested arrest has to be non ambiguous. If ambiguous we recommend that the mp asks if this is an officer requested arrest. And only if this is confirmed with an affirmative reply does it count as an officer requested arrest. If it is not an officer requested arrest arrest it should be treated as reporting a crime, the normal procedure applies and the mp's are free to pick their own course of action. If it is not an officer requested arrrest the arresting mp is liable for the arrest if made.

Arrest Procedure

Compliant Suspect (not resisting or running)

1. Verbally inform the suspect you are taking them into custody and the charge.
2. Order the suspect to the ground.
3. Handcuff the suspect.
4. Bring the suspect to the Brig for processing.

Non-Compliant Suspect (resisting or running)

1. Prepare a non-lethal method of neutralization
2. Apply until they are no longer resisting
3. Secure the suspect and Inform the suspect of their charge
4. Bring the suspect to the brig

Lethal Force

During emergencies such as mutinies and boardings or against suspects who have used a lethal weapon against law enforcement or other personnel, the CMP or aCO may authorize the use of lethal force.

Suspect in Area of Operations

Arrests are restricted to the FOB, dropships, and secure areas unless in "hot pursuit" - the suspect flees the MP outside the secure area. Should there be hostiles in the vicinity, the MP is required to abort the arrest and move to a secure area. If the Almayer gets boarded by a hostile force, secure areas will be those defended by ship crew.

Search Procedure

Personnel

1. Inform the person you are conducting a search and the reason.
2. If possible, conduct the search in the Brig or an isolated area so nothing is stolen.
3. Begin the search and confiscate any illegal items, you may use non-lethal force to restrain them if they don't comply.
4. If illegal items are found, secure them until the search is complete. Should this be impossible, request that another MP assist you by taking the items to Evidence Storage. If the confiscated items warrant a brig sentence, follow Detainment and Brig procedures, otherwise release them. Searches do not incur a Prevarication charge.
5. Return items to Requisitions that are no longer needed for evidence.

Area

1. Announce your intent to search the area and vacate it of personnel unrelated to the search. If someone responsible for the area is on-site, inform them of the reason.
2. Obtain access to the area, if nobody with access is present, request that properly trained personnel override the door.
3. Search the area for evidence and ensure all evidence is secured.
4. Restore the searched area to its previous state as closely as possible.
5. Reopen the area to normal traffic and take all evidence to the brig for processing.
6. Return items to Requisitions that are no longer needed for evidence.

Detainment and Brig Procedures

Note: If the prisoner is removed from his cell for ANY REASON the timer is PAUSED. Time spent outside a cell does NOT count towards time being served for the crime. To properly brig a prisoner verify the following checklist in no particular order:

• Set the timer
• Put them in an orange uniform and shoes
• Give them a standard headset
• Take their ID off
• Buckle them to the bed, flash or stun them and recover your handcuffs, then exit the cell.
• Search their belongings.
• Update their records with their "Prisoner" status, charges and the time they are serving.
• Once the timer is over, let them grab their belongings, escort them out of the brig and set their record status to "Released".

If a prisoner is SSD at the end of their sentence, redress them, secure their pouches and place them in the brig Cryo.

Executions

Executions are limited to those prisoners who have committed crimes with execution as a possible punishment or those whose timer exceeds one hour. Executions must be authorised by a whitelisted Commander or BOTH the aCO and Chief MP if there is no whitelisted Commander.

• The aCO or Chief MP must make a ship-wide announcement from the CIC communication console informing the crew of the intent to execute the prisoner, why, and the execution method. In a Code Red or Code Delta situation, this procedure can be ignored. (Example: "I, Captain Erin Kowalski, hereby authorize the execution of Donald Cluwne on the charges of murder, assault, and damage to the ship. He will be executed by firing squad in the briefing room.") Authorized methods of execution are either Firing Squad (handled by MPs) or Lethal Injection (handled by CMO).
• The aCO OR Chief MP MUST be present at the execution.
• The condemned MUST be given a chance to give any final words. They may use a radio for this even if their radio was taken for abuse.

Prisoner Rights

The following is a list of basic rights the prisoners have. With the exception of Access to a Radio, they can NOT be denied, except in an extreme situation and only then with authorization from the Chief MP or CO.

Protection and Medical Treatment

All prisoners must be kept safe and unharmed, to this end as long as there are prisoners in the brig, an MP or the Chief MP must remain in the brig at all times. Treatment should take place inside the brig when possible. If not, an MP must escort the prisoner to the infirmary and watch over them at all times while they are treated. Self-harm may result in being straitjacketed for the duration of the sentence.

Access to a Radio

Unless the prisoner has abused the radio (such as spamming it for help after being asked to stop), they are authorized a standard headset. If any MP believes that it is being abused this right can be denied.

Right to appeal

Appeal Sentence in a timely manner

Marines have the right to appeal their punishment to the CMP, aCO or someone designated by one of them. However the CMP has final say on all appeals and may override anyone except a whitelisted Commander. In general anyone involved from the arrest should not be doing the appeal. If the cmp and aCO are both involved in the arrest they should appoint an uninvolved person. Only a whitelisted Commander can pardon crimes. The person who handles the appeal can establish a charge as valid, modify a charge to a lower charge, reduce the punishment for a charge upto the minimum punishment and/or remove a charge that the prisoner is found innocent for. A charge cannot be removed if the prisoner is guilty. Unless it is pardoned by a whitelisted Commander.

If an appeal is asked for it has to be started within 10 minutes or half of their brig sentence (30 minutes for perma brig) depending on what is longer. If this is not done the prisoner is to be released. If requested before serving the sentence appeals should be handled before serving the sentence. This applies mostly to executions, njp's and demotions through marine law. Time spent waiting for the appeal should be removed from brig sentences but does not influence other punishments including perma brigging.

Appeals can be postponed during Code delta and or (threats mandating) evacuation.

Proper Appeal procedure

To ensure appeals are done properly the following set of procedure is to be followed.

• All charges should be listed one by one by with the actual punishment the prisoner got for that charge. Example: Charge 1. Theft of booze: 15 minutes and booze returned. Charge 2. Intoxication: Brigged until sober. This can be done by either an mp or the person handling the appeal.
• Appeals are done in person. They cannot be done over radio. Or through other remote communication. This only counts for the person handling the appeal and not for witnesses or the arresting officer.
• The appeal handles the crimes as listed towards the accused. If charges were applied incorrectly they can only be lowered. Appeals should not be used to increase a sentence. Even if the wrong charges were applied through a procedural mistake.
• The outcome of the appeal should be decided upon individual charges. You should not give a general reply on the entire appeal. You should give the outcome per charge. When the appeal is done the punishment should be the punishment for the remaining charges. You cannot adjust the punishment on the charges that remain to make up for charges that got successfully appealed.
• The person handling the appeal does not have to be impartial. But they should not have been involved in the arrest.
• The person handling the appeal is the one who decides the outcome. They cannot be ordered or forced to handle an appeal a certain way. The outcome can only be changed by a whitelisted Commander or the CMP invoking their right to overrule. Or if the outcome has procedural issues not in favor of the prisoner. (Procedural issues in favor of the prisoner should stand. Anything against them should not.)
• The person handling the appeal cannot be retaliated against in any way by anyone for either handling the appeal or the outcome of the appeal. Except for a neglect of duty charge if they did not properly follow appeals procedure.

Appeals checklist

The following checklist is recommended for the appeal.

1. Are you there in person with the accused?
2. Have the charges and their punishments stated?
3. Did you check the story of the accuser(s)?
4. Did you check the story of the accused?
5. Did you check any extra evidence?
6. Did you check if the evidence supports the charges. And the stories?
7. Have you handled mitigating circumstances?
8. Have you decided on the appeal?
9. Have you informed the accused of your decision on a per charge basis?
10. Did you adjust the punishment of the accused?
11. Have you informed the prisoner of their right to fax HC for an additional appeal?

Appeals to High Command

An alternative to a normal appeal is an appeal to high command. Only prisoners have this right. And it follows only the special procedure written here. If invoked this grants the prisoner the right to a pen and a paper to write a fax with to high command. If the prisoner has to be restrained due to for example self harm they have the right to dictate the fax but should not have their restrains removed. This fax once written has to be faxed as soon as possible. This right can be postponed during Code delta and or (threats mandating) evacuation.

Special Provisions

Medical Experiments

An individual may waive their rights in order to participate in a medical experiment. Researchers performing approved medical experiments may not be held liable for harm inflicted on the subject within the approved parameters of the experiment. All experiments require the signed approval of aCO or the Chief Medical Officer.

Insanity

Prisoners suffering evident insanity who have committed a violent crime may be placed in permanent confinement if it is believed they pose a danger to ship or personnel until the Chief Medical Officer declares them sound of mind.

Mutinies and arresting the Commanding Officer

Attempting to overthrow legitimate command staff is obviously illegal and MPs must do everything in their power to prevent it. The aCO may not be arrested without the explicit permission of High Command. Should the aCO break Marine Law, High Command may be contacted via fax for permission to arrest the aCO. The right to contact High Command may not be denied.

Should a mutiny be successful and the aCo is deposed or surrenders, MPs should hold the deposed person in confinement if their freedom would reignite the conflict.

Special Circumstances

Criminal charges are not to be applied to those who use force on others when defending themselves from illegal use of force, so long as they defend themselves with proportional force. This right extends to the defense of others, should there be a reason to believe they are in lethal danger. This provision does not apply to lawful killings such as executions.

Crimes may be ignored or waived if the crime lead to the direct saving of human life or prevented capital crimes as long as the crimes commited are proportional. Example: a medic breaking a window to access a locked room so they can defib a marines may have his Vandalism and Trespassing charges waived. Note: The saving of life and/or preventing of capital crimes has to be in direct connection to the crimes being commited. This cannot be done with hypotheticals it has to be a direct, unambiguous and clear connection.

Emergency situations

In emergency situations such as a significant boarding action or a compromised brig imprisoned personnel may be pardoned by the CMP if they have reason to believe they will not be a threat or hindrance to USCM personnel during the course of the emergency, particularly so if they consistently displayed the good behavior. If the imprisoned personnel are denied pardon or are clearly too dangerous or detrimental to the survival of the USS Almayer’s crew if released, they are to be either escorted to an escape pod while in the custody of a commissioned officer or MP charged with maintaining their safety. A normal Red Alert is not sufficient reason for a release unless the ship is being overrun by a large hostile force.

Commanding Officer Provisions

The following provisions apply only to whitelisted commanders.

Execution Privileges

A whitelisted Commanding Officer may perform Battlefield Executions. This means they may personally execute anyone under their authority on the ship or Area of Operations without warning or procedure, provided their words or actions fulfill one of the following conditions:

• Threat to your command. Credibly attempting to or threatening to undermine your command or attempting to remove your command through illegal means. (The CL or other crew reporting you to high command does NOT permit you to BE them. A minor insult or disagreement is not undermining your command, countermanding or refusing to follow orders is.)

• Threat to persons. Credibly threatening and attempting to do harm to the CO or to someone while in the CO's presence.

• Threat to the ship. Credibly threatening or attempting to do damage to the ship or the USCM while in the CO’s presence.

Upon completion of a battlefield execution an announcement must be made within reasonable time by the CO or a member of the crew explaining why the person was executed and noting their name and position. The CO may not Battlefield Execute a person in custody of the MPs (securely restrained or brigged) unless performing a normal execution is not possible (such as during a Delta Alert).

Additionally, the Commanding Officer may request permission to execute prisoners in ways different to Firing Squad or Lethal Injection to High Command, or authorise nonstandard methods of execution in emergencies where normal procedure is impossible.

Pardons

The Commanding Officer may exceptionally pardon criminals if they believe it is in the best interests of the operation. Only Minor and Major crimes may be pardoned. Capital offenders may not be pardoned except in special circumstances with the permission of High Command. The Chief MP or and MP in their absence may appeal pardons to High Command via fax. The Commanding Officer may be held responsible for further criminal actions committed by those they pardon, and should High Command reverse the decision, they must ensure the condemned return to serve their time without incident. Failure to do so may result in removal and arrest at the discretion of High Command.

Brig timers

The Commanding Officer may alter brig timers beyond the parameters specified in Marine Law and may reduce or increase a sentence. When doing this, they must provide the prisoner and MP with the reason, and if the timer is increased beyond the maximum punishment, the prisoner has the right to appeal to High Command.

Arrest Immunity

The Commanding Officer is not above Marine Law. However, they may not be arrested without either the explicit permission of High Command. Should the Commanding Officer break Marine Law, High Command may be contacted via fax for permission to arrest the Commanding Officer. The right to contact High Command may not be denied.

Acting Commanding Officer Provisions

The following provisions apply to both acting commanding officers and whitelisted commanding officers.

General Article NJPs

The (acting) Commanding Officer may issue NJPs at any time should they find a marine’s behaviour inappropriate or contrary to good order and conduct and deserving of punishment even if they have not committed a crime as specified in Marine Law, such as for comporting themselves in an unprofessional manner, failing to complete a job in satisfactory conditions or failing to uphold standards of good order.

Deputizing

The (acting) Commanding Officer may deputize commissioned officers to make arrests and enforce Marine Law should MPs be unavailable or unable to respond in a timely manner.