Marine Law: Difference between revisions

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(→‎Non-Judicial Punishments (NJPs): For clarity, added "All 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")
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=Special Provisions=
=Special Provisions=
==Non-Judicial Punishments (NJPs)==
==Non-Judicial Punishments (NJPs)==
For crimes with a sentence equal to or lower than 10 minutes, the Chief MP or the acting Commander may administer a Non-Judicial Punishment instead of a brig sentence. This may range from reprimands or PT to extra duties or reassignment to a new post, but may not be physically abusive. The Chief MP holds ultimate authority and may override NJPs issued by other members of Almayer staff. 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.
For crimes with a sentence equal to or lower than 10 minutes, the Chief MP or the acting Commander may administer a Non-Judicial Punishment instead of a brig sentence. This may range from reprimands or PT to extra duties or reassignment to a new post, but may not be physically abusive. The Chief MP holds ultimate authority and may override NJPs issued by other members of Almayer staff. 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 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


==Mutinies and arresting the Commanding Officer==
==Mutinies and arresting the Commanding Officer==

Revision as of 00:58, 25 June 2018

United States Colonial Marines
Uniform Code of Military Justice

Laws and Punishments

Punishment: Only one charge may be applied per person, per unlawful event. It is the duty of the arresting MP to determine which charge to apply. The Chief MP may override this decision ONLY before the prisoner has been brigged. Other crimes should be taken into consideration when deciding whether to apply minimum or maximum punishment.

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

Charge Description Minimum Punishment Maximum Punishment
Improper Equipment Usage Mishandling issued equipment, such as failing to ensure it is secured or improperly operating weapons by having them unholstered outside prep, requisitions, or target practice areas or discharging them during non-emergencies. Warning 15 Minutes; Equipment confiscation
Unauthorized Weapon Possession of a weapon you are not authorized during a non-emergency situation, detailed as code levels in the Weapon Usage for Crew section below. As code levels decrease in threat, weapons should be stored appropriately and not kept on-person or in personal areas. Warning; confiscation of contraband 30 Minutes; confiscation of contraband
Damage to Government Property Damaging the ship or making any unauthorized modifications to it. To get authorization, confirm with the department head the change falls under, the Chief Engineer, and the current commanding officer. Return ship to it's exact previous state. 30 Minutes
Prevarication To intentionally order the arrest of a marine who is then found to be innocent, or to apply an improper or abusive NJP. 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 and moving outside the cryo/mess/prep areas improperly dressed (boots, uniform and armor for Marines and MPs, uniform and boots without armor for other crew unless there is a threat. Headgear should be your properly assigned headgear or an approved military alternative). 5 Minutes 10 Minutes
Trespassing Unauthorized access of an area which a person does not have access to. 5 Minutes 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. 5 Minutes 10 Minutes
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 items. This is defined as non-standard issue equipment and impairing, intoxicating or addictive drugs such as Mindbreaker, but 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
Resisting Arrest To resist a lawful arrest by a Military Police officer. 10 minutes 30 minutes
Disorderly Conduct Directly and intentionally disrupting primary operations of the ship. Fighting in the RO line, disrupting the briefing. 15 Minutes 30 Minutes
Neglect of duty Failure to perform their role to an acceptable standard. For example, a Commander failing to properly organize and ensure his personnel are given orders. Failing to follow proper procedures is also considered Neglect of Duty. Any officer who commits a crime may be charged with Neglect of Duty. 15 Minutes 25 minutes; Demotion/removal of command
Assault To threaten or use physical force against someone 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 a lethal weapon, such as a sidearm, blade, or rifle. 20 minutes Permanent confinement
Interfering with an arrest To disrupt or interfere with a lawful arrest done by the military police. Same punishment as accused Same punishment as accused
Jailbreak/Escape To escape, assist in an escape, attempt escape, or be 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 with permission from the Chief MP and acting Commander. Permanent confinement Execution
Sedition To engage in actions or refuse to follow orders as to overthrow or usurp the legitimate command structure. To act as or in collaboration with enemies of the USCM. Permanent confinement Execution

Application

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

On USCM ships and operations, the law is enforced by the MPs and Chief MP and they operate independently from the normal command structure ONLY in matters related to the enforcement of the Law.

The Chief MP has final say on law enforcement within his operational area unless overseen by higher officials of the Provost Marshal Office. While he may perform arrests, it is his duty to administrate the brig, ensure records are updated, timers are properly set, procedure is observed and to review cases and evidence.

Command Requested Arrests

Should the Commander, Executive Officer, a Staff Officer or the acting Commander order an arrest for a crime, MPs MUST arrest that person unless the CMP overrides the order. They may arrest and hold that person for 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.

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

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, even if he is in medbay. Also, Prisoners should NEVER be left with their ID card on.

  1. Inform the prisoner of the charge and set the timer. Once the timer is set, it may NOT be added to unless additional charges are added.
  2. Remove all equipment from the prisoner and place it into their locker. Weapons may be secured in the Evidence Locker if you wish.
  3. Dress them in an orange jumpsuit and shoes, and give them a standard headset.
  4. Buckle the prisoner to the bed.
  5. Flash the prisoner and remove their handcuffs. If the prisoner is potentially a threat to themselves or others, you may secure them with a straightjacket.
  6. Recover your handcuffs and any equipment and leave the cell.
  7. Conduct a thorough search of their belongings.
  8. Ensure that the charges are added to their security record as either a listed charge or a note.
  9. Ensure their status is updated from Wanted to Prisoner, and when released to "Released"
  10. 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. Both the Acting Commander and the Chief MP must agree for an execution to be authorized.

  1. The acting Commander 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).
  2. The acting Commander OR Chief MP MUST be present at the execution.
  3. 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.

Battlefield Executions

The Commander of the Almayer may perform Battlefield Executions and should not be immediately arrested for it. However, should an MP have concerns about the execution, they may contact High Command for permission to remove the Commander.

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.

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.

Appeal Sentence in a timely manner

Prisoners have the right to appeal their sentence to the Chief MP or acting CO. However, the Chief MP has final say on all appeals and may override the CO. During an appeal, the person conducting it is expected to review all evidence and testimonies of the suspect's crimes. Should they conclude the suspect is innocent, ONLY the time for the crimes they are innocent of is to be removed. Under no circumstances may anyone be given a pardon if there is evidence that shows a crime was committed.

Crew Authorized Weapons

  • Code Green - Authorized Weapons may be carried by deploying marines (any standard issue weapon or weapon ordered from requisitions), security (non-lethals and pistols only) and commissioned officers and Cargo Technicians (sidearms).
  • Code Blue - All crew are authorized pistols. Military Police may carry any lethal weapons.
  • Code Red - No Weapon Restrictions

Exceptions: If you or someone you are responsible for are in immediate, life-threatening danger and the appropriate code-level has not been set. (Note: Metagaming rules still apply and override the exception)

Special Provisions

Non-Judicial Punishments (NJPs)

For crimes with a sentence equal to or lower than 10 minutes, the Chief MP or the acting Commander may administer a Non-Judicial Punishment instead of a brig sentence. This may range from reprimands or PT to extra duties or reassignment to a new post, but may not be physically abusive. The Chief MP holds ultimate authority and may override NJPs issued by other members of Almayer staff. 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 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

Mutinies and arresting the Commanding Officer

Attempting to overthrow legitimate command staff is illegal and MPs must do everything in their power to prevent it. However, should the MPs believe the acting Commander is incapable of performing their duties, they may fax High Command for permission to permanently remove the CO and replace them with the next person in the Chain of Command. Should the Commanding Officer break the law, MPs are authorized to arrest them and temporarily replace them with the next officer, however, they must inform High Command. Should this removal be permanent, they must await confirmation from High Command before enacting it.

Self-Defense and the Defense of Others

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.

Release in the event of a catastrophe

In the event of a Delta Alert (activation of self destruct) any prisoners may be released if the MPs believe that they will not be a threat to the crew. A normal Red Alert is not sufficient reason for a release unless the ship is being overrun by a large hostile force.

Demotions

For crimes with “demotion” as a punishment, or when ordered by the acting Commander, military personnel may be reassigned to a lower occupation within their department.