More actions
Marine Law
Uniform Code of Military Justice
Laws and Punishments
Verbiage:
To ensure clarity within this document, certain terms are used for certain things. Here is a small list to help promote clarification.
- Commanding Officer: A whitelisted USCM Commanding Officer. Anything with the words Commanding Officer only applies to Whitelisted USCM Commanding Officers. These rights cannot be transferred.
- Commander: The current Commander of this ship. Anything that mentions the Commander also applies to acting Commanders. These rights are transferable to any new Commander, proceeding down the Chain of Command.
- In the event of the Commanding Officer deploying, Commander rights are applied to the next in command (aboard the ship), alongside the Commanding Officer.
- MP: Military police. These rights also include deputized XO’s, SO’s, or Synthetics who are dealing with Marine Law. These rights cannot be transferred.
- Officer: A person who is commissioned into the USCM and thus Commissioned Officers. These rights cannot be transferred.
- For all other roles and mentions, a specific person can be appointed if the specific role is not available, but the chain of command should be followed if possible. This also means these rights are transferable. Only the current Commander may appoint people to a new position.
Charges: Charges are added into an automated computer system, The Jurisdictional Automated System (JAS) decides on a timer depending on the charges selected. The JAS will decide timers fully by itself. For appeals/pardons, see the “Appeal and Pardon” section. Brig timers will not exceed 30 minutes unless in the case of a Capital Crime or when crimes are performed while jailed. If a capital crime is committed while jailed the offending person has their time upgraded to the Capital Crime punishment.
Anyone employed on a USCM ship is expected to follow all aspects of ML. This means civilians such as the Corporate Liason have to remain respectful. The CL and CMO are considered to be below the current Commander directly. Doctors and CMO are held to their department standing orders and should not be ordered unless the Commander wills it.
The CMP can only be arrested if approved by the Commander or High Command. Any MP's can only be arrested if approved by the Commander or CMP. The Commander has the final say.
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. False witness statements and testimonies also fall under this law.
Spirit of The Law
The laws written are meant as intended by their spirit and not necessarily exact wording, should MP's disagree on edge cases the Marine Law rank structure must be followed. High Command > Commanding Officer > CMP > Warden > MP > MP Cadet.
Optional
These can be added on to any existing charge as needed.
Charge | Description | Punishment | Punishment |
---|---|---|---|
Resisting Arrest | To resist a lawful arrest or search by a Military Police officer.
Minor:
Major:
|
Completion of the Search | 10 Minutes |
Aiding and Abetting |
Assisting others in committing a crime, directly or indirectly, or encouraging them to commit one. Any person Aiding and Abetting is required to be told the crimes of the person they aided. |
Same punishment as the crime committed | |
Disorderly Conduct in Confinement |
To cause disruption in a significant manner while in Brig and under arrest. This can be added on to any charge. This offense stacks. Minor:
Major:
|
7.5 Minutes | 15 Minutes |
Variable Crimes
Charge | Description | Minor Punishment | Major Punishment |
---|---|---|---|
Damage to Government Property |
Damaging the ship or making any unauthorized modifications to it as outlined in Standard Operating Procedure.
Minor:
Major:
|
Return ship to its exact previous state or 7.5 Minutes if not possible. | 10 Minutes |
Insubordination |
Failing to follow a lawful order from a superior person of rank or position. Or disrespecting someone of a higher rank or position that is not an officer.
Minor:
Major:
|
7.5 Minutes | 15 Minutes |
Interference |
Interfering in a legal arrest being performed. Minor:
Major:
|
7.5 Minutes | 15 Minutes |
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.
Minor:
Major:
|
7.5 Minutes; Confiscation of contraband items | 15 Minutes; Confiscation of contraband items |
Minor Crimes
Charge | Description | Punishment |
---|---|---|
Failure to Follow Procedure | Failing to follow the regulations found in the Standard Operating Procedure. | 10 Minutes; Equipment confiscation |
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 the briefing, such as climbing the Briefing overview. | NJP |
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 unauthorized area or 7.5 minutes. |
Intoxication | To consume alcohol or other substances such as alcohol or hallucinogenic drugs resulting in impaired job performance. | 10 Minutes |
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. This includes the removal of vendors from department areas without permission. | 10 minutes; item returned to the owner |
Disrespecting a superior Officer | Using offensive names or being directly disrespectful to a Commissioned Officer of higher rank or position. | 10 Minutes |
Major Crimes
Charge | Description | Punishment |
---|---|---|
Disorderly Conduct | Directly and intentionally disrupting primary operations of the ship. Fighting in the RO line, extensively or repeatedly disrupting the briefing. | 10 Minutes |
Subterfuge | Carrying out objectives or being tied to material that describe planned actions that go against the USCM. Strong proof is required that the individual is working against USCM. | 15 Minutes and Termination of ID + Discharge to planet. |
Neglect of duty | Failure to perform one’s role to an acceptable standard. For example, a Commander 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 or their post without authorization from the Commander or their Department Head. | 15 Minutes |
Assault | To threaten or use physical force against someone with ill intent, but without intent to kill. | 15 Minutes |
Prevarication | To intentionally order the arrest of a person on false charges who is then found to be innocent, or to apply an improper or abusive NJP. This includes intentionally arresting a person on false charges, on ones own initiative without orders. | 20 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 |
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 but not attempting to murder them. | 20 Minutes |
Illegal Confinement | Unlawfully detaining a person against their will. Includes, kidnapping, hostage-taking, and confining people in cells without charging them for a crime. It does not apply to Prisoners of War. | 20 Minutes |
Cruelty to Animals | Injuring or killing any domestic animal or wild life with malicious intent. Research monkeys used for chemical research, scientific purposes or hostile wildlife are exempt. | 30 Minutes |
Sexual Harassment | Unwelcome sexual advances, verbal or physical conduct of a sexual nature. Creating an intimidating, hostile, or offensive work environment from the harassment. | 30 Minutes |
Misuse of Authority | The exercising of power to a malicious extent by Military Police or deputized personnel acting as an MP; examples include beating a downed prisoner, excessive use of harmful or non-lethal force, or other abusive actions that led to the harm of a person in custody. Detained suspects should not have more force used on them than necessary in order to pacify them.
Force may be used against retaliating or escaping parties only to the point where they are sufficiently pacified. |
20 Minutes |
Unauthorised Deployment | To deploy into the area of operations without permission of the relevant head of department or Commander where appropriate whilst still performing assigned duties. (I.E A doctor deploying without permission, with the intentions to perform field surgery.) Deploying without intent to perform assigned duties remains desertion.
|
10 Minutes |
Capital Crimes
Charge | Description | Punishment |
---|---|---|
Jailbreak/Escape | To escape, assist in an escape, attempt escape, or be willfully and knowingly broken out from your cell.
|
Execution Or Permanent Confinement - Demotion |
Insanity | Acting in such a manner which makes the offender not sound clear of mind. The person in the position of CMO or Synthetic can declare insanity on a Marine if the Marine is believed to not be of sound mind.
The Marine, once cleared to be of sound mind, may be released from this particular charge.
|
Permanent Confinement - Demotion |
Attempted Murder | Attempting to murder a person but failing to do so. If the evidence shows that the arrested person was clearly trying to kill someone with ill intent but failed in the action itself. | Execution Or Permanent Confinement - Demotion |
Murder or Unauthorized Execution | Killing someone with malicious intent. This includes Synthetic units. The charge applies even if the victim is later revived. Executions are only authorized as outlined in the Execution Procedure. | Execution Or Permanent confinement - Demotion |
Sedition | To engage in actions or refuse to follow orders as to overthrow or usurp the legitimate command structure. Creating a massive threat to the ship without the knowledge and approval of the Commander falls under sedition. | Execution Or Permanent confinement - Demotion |
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). | Execution Or Permanent confinement - Demotion |
Crimes against Humanity | To engage in actions that violate human rights or otherwise are heinous acts against humans. Examples are torture, cannibalism and forced infection with Xenomorph larva. | Execution Or Permanent confinement - Demotion |
- Note: this list is not comprehensive of all things that would violate the law. Doing so would be impossible and require an inordinate amount of time. Something that would obviously be a serious crime in the United States, e.g. Cannibalism, is still a violation of Marine Law. Clarifications are subject to situations arising.
Non-Judicial Punishments (NJPs)
For Minor Crimes, MP’s or SEA may administer a Non-Judicial Punishment instead of an arrest or brig sentence. NJPs may not be issued to someone they wouldn't otherwise be able to arrest. This would be the Commanding Officer, CMP, MP, SEA, and so forth. If a person refuses an NJP they are to serve the original charge or a 10 minute brig sentence if none exists. Accepting the NJP requires waiving the right to appeal.
NJP's can be given to people in a cell at any point in time unless the total sentence they are serving is above 10 Minutes or a major crime. The decision to offer a NJP cannot be overruled by someone higher on the mp ranking structure.
- The NJP can not take longer then the remaining time on their timer.
- This does not include NJPs that would be applicable to new charges.
Further Information:
This may range from reprimands or PT to extra duties or reassignment to a new post, but may not be a risk to the marine’s health. The time on an NJP can not last more than the brig timer would be, and can at maximum last 10 Minutes if there is not a specified brig timer.
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; the exception is the Commanding Officer’s NJP directive. Failure to comply with the non-judicial punishment will result in a resisting arrest charge in addition to the original sentence, failing to complete the NJP is not a failure to comply so long as a legitimate attempt is made.
Military Police and Lawbreaking
Breaking Marine Law as a member of the Military Police is a serious offence, and carries a serious consequence. Should a member of the Military Police be arrested for breaking Marine Law;
- They are to be charged with Neglect of Duty as an additional charge, however this does not upgrade a minor crime.
- Should their appeal or pardon be denied, they are to be removed from service as law enforcement.
- For Minor Crimes, demotion is subject to the wishes of the Chief MP, or the Commander in their absence, and their decision cannot be altered.
- Enlisted are to serve in squad roles or other assignments aboard the ship, subject to relevant Heads of Departments granting permission, or direct assignment by the Commanding Officer.
- Officers are to serve in the CIC unless dismissed by the Commander to find duties elsewhere.
Application
The UCMJ applies to all personnel in the vicinity of a USCM Operation or onboard a USCM ship; this includes the Commander, Chief MP, UPP, Freelancers, PMC's, other factions and organizations. The only exceptions are specially dispatched officials from High Command or the Provost Marshal Office and Diplomatically Immune Company Executives (not the onboard Liaison). Riot MP ERT’s are also required to follow Marine law as a regular MP.
- Unless stated otherwise, it can be presumed that a USCM Flag Officer (O7 or above) is immune to Marine Law, though may still be faxed about should they commit a crime.
- 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 Commanding Officer Of the Almayer has the 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. While he may perform arrests, it is his duty to administer the brig, ensure records are updated, timers are properly set, the procedure is observed, 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.
- If the life and limb of a ship's crew or other personnel are at risk in a situation, personnel may act in a manner reasonable to preserve them even if such action would otherwise violate marine law.
- Gaining entry to a room the person normally has no access to due to a person's life is in danger - for example.
- Breaking a window, door, or wall where there is a clear belief a person is either dying or mortally wounded on the other side - for example.
- Abuse of this may be met with High Command interference ranging from Execution to payment docking.
- If the life and limb of a ship's crew or other personnel are at risk in a situation, personnel may act in a manner reasonable to preserve them even if such action would otherwise violate marine law.
Lawful Orders
Personnell are required to follow all lawful orders from their superiors and are NOT-required to follow unlawful orders.
- If personnell refuses to follow the order, the personnell must state why they believe it would break Marine Law.
Unlawful orders are those orders that, when carried out, would result in a breach of Marine Law. Giving an unlawful order with ill intent or one that is carried out will see the person who gave the order be given the same punishment as the personnell who carried it out. Orders meant as punishment that would cause personnell 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 arrest that person. Only the Commander and CMP can order an arrest on an MP. They may arrest and hold that person for ten minutes after they have reached the brig 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. The CMP or Commander may order an arrested marine to get an NJP instead of a brig timer for Minor crimes. Should the marine already have been given the option for an NJP but refused to do it, they may not get the chance for another NJP in regard to those charges. An officer must clearly communicate that he wishes the criminal arrested, for the arrest to be compulsory. Any Commissioned Officer who explicitly orders the arrest of a person or persons may recind the order up until the detainment of said person or persons.
Vicarious Prosecution
With the exclusion of capital crimes, actions resulting in Neglect of Duty or crimes resulting in grievous bodily harm, the Victim of a perceived crime retains the right to drop charges and request MPs or other prosecuting parties to release the perceived defendant. Continuing with or later arresting the defendant after the Victim drops charges constitutes prevarication, however the defendant may be detained for no longer than five minutes whilst the Provost Office is contacted by MPs for an appeal to arrest. If an appeal to arrest is not sent within the five minutes, or a response not received within three minutes of sending it, the defendant must be released else confinement is Illegal.
Arrest Procedure
Arresting a Suspect
- Inform the Suspect he is under arrest.
- Take down the Suspect if he resists and securely restrain him.
- Move the Suspect to the Brig.
- Inform the Suspect of his Charges before the brig timer starts.
- Inform the Suspect he may file an appeal should he wish so.
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 Chief MP or Commander may authorize the use of lethal force. If the MP has no non-lethal weaponry, he may use lethals should the suspect be a threat to the crew or ship.The suspect should only be fired upon with lethals until they no longer can present any harm.
- A suspect that has been detained and securely restrained must be kept safe from harm as they are considered to be in MP Custody.
- If the CMP or Commander are not responding to hails over comms within a timely fashion or are incapacitated, the MP can use Lethals freely from Code Red and upwards.
- If non-lethals prove inefficient against the target such as rogue synthetic units, the MP may use lethals from the beginning.
- The synthethic unit must be given a chance to stand down.
- The synthethic unit should be repaired and ressurected in a secure spot to serve its sentence once taken down i. It should be released after serving its sentence.
Field Arrests
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. MP's may travel between secure areas, but may not make arrests during these travels and must make sure the transport back with the arrested person happens safely. Should the Almayer get boarded by a hostile force no arrests should be made unless the person is a danger to the Almayer and or its personnel.
- This includes Delta Alert (Hijack, or if Self Destruct is Activated).
In the event of arresting shipside crew who are on authorized field deployments MPs must notify the Head of Department, or aCO in the absence of the relevant department head, and request that a replacement be arranged where possible.
- A replacement is not mandatory, however MPs must make an effort to arrange one, delaying no more than five minutes for this process.
Search Procedure
Searches can be performed by the Commander or any Military Police personnel as long as the following procedure is followed. If procedure is not followed it would incur an NoD charge.
Personnel
- Searches must be approved by the CMP or Commander.
- If waiting would cause further hazard to the ship or personnel you may gain permission after performing the search.
- Should an MP witness a crime, then a search can be approved after the arrest.
- Inform the person you are conducting a search and the reason.
- If possible, conduct the search in the Brig or an isolated area, so nothing is stolen.
- Begin the search and confiscate any illegal items; you may use non-lethal force to restrain them if they don't comply.
- 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.
- Return items to Requisitions that are no longer needed for evidence.
Area
- Searches must be approved by the CMP or Commander.
- If waiting would cause further hazard to the ship or personnel you may gain permission after performing the search.
- 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.
- Obtain access to the area, if nobody with access is present, request that properly trained personnel override the door.
- Search the area for evidence and ensure all evidence is secured.
- Restore the searched area to its previous state as closely as possible.
- Reopen the area to normal traffic and take all evidence to the brig for processing.
- 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 charges and print the Prisoners Timer out from JAS.
- Insert the paper containing their charges into the cell timer panel and activate it.
- Put them in an orange uniform and shoes.
- Give them a standard headset.
- Take their ID off if possible.
- Bring them inside the cell, buckle them to the bed, flash or stun them and recover your handcuffs, then exit the cell.
- Search their belonging for contraband and theft.
- 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. If a prisoner has been SSD for over 5 Minutes you may place them in cryo. However, should they return, they must return to serve the remaining time.
Executions
Executions are limited to those prisoners who have committed crimes with execution as a possible punishment or those whose timer exceeds one hour, such as permanent confinement. Executions must be authorized by the Commanding Officer or BOTH the Commander and the Chief MP if the Commanding Officer is absent. Permanently confined prisoners may be executed at a later date if the Alert Level is Red/Delta Alert.
Procedure for Execution:
- The Commander or Chief MP must make a ship-wide announcement informing the crew of the intent to execute the prisoner, why, and the execution method.
- Authorized methods of execution are either Firing Squad (handled by MPs and the Commanding Officer) or Lethal Injection (handled by the CMO).
- Standard issued firearms such as rifles, sidearms, or shotguns shall only be used. No explosives or any weapons that could be considered cruel and unusual.
- The CMP or Commanding Officer can determine if anyone else is allowed in the firing line. This act should be reserved for the victims of the case only.
During Delta Alert, threats mandating evacuation, or an hostile force is approaching, or onboard the ship, these procedures may be ignored but should otherwise be granted:
- The Condemned can request a tobacco product, a last food type and a last drink as a final meal. The items should be easily acquirable.
- The condemned may also request a blindfold for the execution.
- The Condemned may request a maximum of three people to view their execution from the designated viewing room.
- The Commander or Chief MP must be present at the execution.
- The Condemned MUST be given a chance to give any final words, after that the execution may proceed. The condemned may use the radio for this even if their radio was taken for abuse.
- If any of these take more than two minutes in total, the execution may proceed.
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 Commander. Prisoners can fax High Command to have their rights be given back or inform of malpractice.
The Courtyard aka Common Space
All prisoners are allowed to enter the common space / courtyard by default, exception to this are permabrigged prisoners. This right can be lost in the following scenarios.
- Permabrigged prisoners can be given access to the courtyard/common space with an escort as a reward for good behavior.
- Mutiny, Riots, or Emergency Situations removes this right.
- Active jailbreak attempts removes this right.
- Should a prisoner commit a law break while in brig this right is lost. The right can be given back by the CMP or Commander.
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 except if the only prisoners have been placed in permanent confinement or there is an Emergency Situation. Treatment should take place inside the brig when possible.
- It is the arresting MP’s duty to make sure there is one person in the brig at all times to watch the prisoner.
- The Surgical Tray is to remain within the brig at all times unless on Red/Delta Alert.
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 after a warning has been given on what is considered abuse and giving the Prisoner a chance to stop.
- Prisoners may request an appeal as much as they want.
- Prisoners can be denied a radio if a mutiny is ongoing, but only until the mutiny is over.
Right to appeal
An appeal is the process in which a case is reviewed by a higher authority. Appeals function as a process for error correction, but they may not be used to add on new charges or punishments after a brig timer has been set.
Appeal Sentence in a timely manner
- Anyone under the jurisdiction of Marine Law has the right to appeal their punishment to their choice of the CMP or the Commander, who can both designate someone else to handle it in their place. Should either be involved, they must designate an uninvolved mp or uninvolved commissioned officer.
- The one handling the appeal has final say. In general, witnesses/victims, anyone ordering the arrest, choosing the charges, or picking the time of a prisoner of a crime should not be doing the appeal.
- 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 up to the minimum punishment, and remove a charge that the prisoner is found innocent for.
- A charge cannot be removed if the prisoner is guilty.
- Should an appeal not be started within 10 Minutes, or 30 Minutes for people permanently brigged after a request of it has been made. The prisoner is to be released.
- It must be clearly communicated to either an MP, the CMP or Commander. Should the person recieving the request for an appeal fail to take appropiate action on it they are to be given a NoD charge.
- Appeals must be handled before Executions, Demotions and NJP's. Appealing personnel will have their brig timers (if any) set and running while the appeal is concluded.
- Appeals can not influence other punishments.A marine may be placed in holding awaiting their appeal if it carries no brig sentence.
Suspending Appeals
During Delta Alert, threats mandating evacuation, or an hostile force is approaching, or onboard the ship, riots or jailbreaks, appeal rights become suspended. Appeals may be postponed in these situations as well.
- The marine needs medical treatment and is not conscious.
- There is another appeal that was requested before this appeal.
- The marine has escaped and is unreachable in person.
Examples of invalid reasons to postpone appeals.
- The Commander and CMP are busy doing other tasks.
- The prisoner is ruled to be insane.
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 punishment the prisoner got for each charge listed as well.This may be done by any MP, or person handling the appeal.
- Appeals are done in person. They cannot be done through remote communication. This only counts for the person handling the appeal and not for witnesses.
- The appeal handles the crimes as listed towards the accused. If charges were applied incorrectly they must be removed. Appeals can not add on new charges or punishments after a brig timer has been set. Even if the wrong charges were applied through a procedural mistake.
- The outcome of the appeal should be decided on individual charges. One should not give a general reply on the entire appeal. One must give the outcome per charge. When the appeal is done the punishment should be the punishment for the remaining charges.
- 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 person handling the appeal cannot be retaliated against in any way by anyone for either handling the appeal or the outcome of the appeal.
- Exception being a neglect of duty charge if the appeals procedure was not followed correctly.
Appeals checklist
The following checklist is recommended for the appeal.
- Are you there in person with the accused?
- Have the charges and their punishments been stated?
- Did you check the story of the accuser(s)?
- Did you check the story of any witnesses?
- Did you check the story of the accused?
- Did you check any extra evidence?
- Did you check if the evidence supports the charges? And the stories?
- Have you handled mitigating circumstances?
- Have you decided on the appeal?
- Have you informed the accused of your decision on a per charge basis?
- Did you adjust the punishment of the accused?
- Have you informed the prisoner of their right to fax HC for an additional appeal?
Appeals to Provost Office
An alternative to a normal appeal is an appeal to high command, this is an extra appeal a prisoner may do after having their appeal denied. If the prisoner is to be set up for execution, the Provost Office has 10 Minutes to send a reply back. Should no reply arrive within the given time-frame, the execution may commence. It may also be used in stay of a standard appeal, however should the prior time-frame expire, the appeal is still considered denied. When this right is invoked, this grants the prisoner the right to a pen and a paper to write a fax with to the Provost Office. 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 restraints removed. This fax, once written has to be faxed as soon as possible. During Delta Alert, threats mandating evacuation, or an hostile force is approaching, or onboard the ship this right may be denied.
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 either the Commander or Chief Medical Officer.
- Prisoners can request to be used for medical experiments as a subject. The prisoner’s timer continues to run while they are being used as a medical experiment.
- Should the Prisoner’s timer be concluded while undergoing a medical experiment, they are free to go and are no longer obligated to continue the experiment.
Insanity
Unsoundness of mind or lack of the ability to understand that prevents one from having the mental capacity required by law to perform one's required duties or tasks. Insanity can only be declared by the CMO or Synthetic. The Synthetic can not be forced to declare someone insane.
Mutinies and arresting the Commander
Attempting to overthrow legitimate command staff is obviously illegal, and MPs must do everything in their power to prevent it. MPs must contact High Command for approval and get approval before taking any action against the Commanding Officer. If there is no Commanding Officer, the Commander of the operation may be arrested, but High Command must be notified after the fact through fax.
Should a mutiny be successful and the Commander is deposed or surrenders, MPs should hold the deposed person in confinement if their freedom would reignite the conflict.
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.
- Proportional Force
- Punching against being punched.
- Melee weapons against melee weapons.
- Guns against guns.
- The person defending should only return with lethal force until the other person is unable to attack the defendant.
- The defendant should notify MP’s or his command about the use of self-defense.
- The person being attacked should also look to get away from the other attacker if possible, and alert the MP’s.
Emergency Situations
In emergency situations such as a significant boarding action or a compromised brig imprisoned personnel may be released 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 good behavior. If the imprisoned personnel are denied the release 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.
Synthetic Units and Marine Law.
The Almayer Synthetics
The Almayer Synthetics are coded to not be able to break Marine Law and can, therefore, not be arrested unless High Command has approved their arrest beforehand through a fax. The synthetic units are also granted the same rights and privileges as a regular marine.
- If any MP believes the Synthetic unit has broken Marine Law, this should be faxed to High Command and taken up to the Synthetic Council.
- If an officer orders the arrest of a Synthetic, the MP must ignore the order and inform the officer he must fax High Command for them to allow the arrest of the synthetic.
- Any other synthetic units not directly a part of the USCM does not have this arrest immunity.
Survivor Synthetics
- Weyland-Yutani and the USCM are business partners, and as such, Weyland-Yutani synths (Colony Synth) are granted similar rights and privileges as the Almayer Synth, but may have their arrest ordered by the Commander or CMP without a need to fax High Command.
- The Synths are afforded the same rights and protections under the marine law as though they were an Almayer Synth.
- Survivor Synth’s that act subversive to the USCM (taking highly valuable supplies without request, deconstructing defenses, etc.) can be declared rogue by the CO/XO or current acting Commander.
- Once declared rogue, the Synth loses any protection it has and may be taken down freely.
Commanding Officer Provisions
Arrest Immunity
The Commanding Officer is not above Marine Law. However, they may not be arrested without 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. If the Commanding Officer has been deposed due to a mutiny, the MPs should hold the deposed Commanding Officer in confinement if their freedom would reignite the conflict; once a Commanding Officer has been deposed, they lose their arrest immunity and are no longer considered the Commander.
Execution Privileges
The 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 unless in MP Custody, provided their words or actions fulfill one of the following conditions:
- High Command (Provost Admiralty or USCM General Staff), Fleet Command (CO Council dispatched by staff) and Event Characters (as defined by the event running admin) inherit the power to Battlefield Execute following normal guidelines.
- A threat to your command. Credibly attempting to or threatening to undermine your command, or attempting to remove your command through illegal means. (Minor insults, disagreements, or being faxed about to high command is not undermining your command. Countermanding or refusing to follow orders is.)
- A threat to persons. Credibly threatening and attempting to do harm to the Commanding Officer or to someone while in the Commanding Officer's presence.
- A threat to the ship or operation. Credibly threatening or attempting to do damage to the ship, the USCM, or operation while in the Commanding Officer’s presence.
Battlefield Executions should not be done in such a way it creates collateral damage or risks involving innocent parties or persons, they should be performed in person and target each individual individually. For example, the Orbital Cannon may not be used for BE's. Upon completion of a battlefield execution, an announcement must be made within a reasonable time explaining why the person was executed and noting their name and position. The Commanding Officer 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 from Firing Squad or Lethal Injection to High Command or authorize nonstandard methods of execution in emergencies where the normal procedure is impossible.
Escort Missions
The Commanding Officer has two separate escort provisions.
The Commanding Officer may request up to two MPs to guard the Commanding Officer planetside, no more may participate. These two MPs are allowed to fight at the frontline with the Commanding Officer.
The Commanding Officer may request any amount of MPs to escort non-combat personnel planetside, however they should avoid the frontline at all costs. This includes escorting a Commanding Officer who is not going to fight at the frontline.
Should the escorted individual be incapacitated then the escorting MPs are to try and recover the escorted individual's body. Should this not be possible they are to return shipside. During the escort mission it is required the escorted individual and MPs follow the Escort mission rules written below:
- Deployed MP’s focus is to keep the escorted individual secure at all times. Not enforce Marine law.
- MP's have to remain within line of sight to the escorted individual at all times to the best of their ability.
- If the escorted individual orders the MP to do something that would put the MP outside line of sight, the MP may not do it.
- There has to be a minimum amount of MPs left aboard the ship to maintain security. The Commanding Officer dictates what is needed to maintain security but the bare minimum is a single MP. If the ship's security is not maintained the Commanding Officer's decision may be reviewed by the Provost Office. The CMP must always remain onboard and can be counted as the needed MP for Escort missions.
Pardons
The Commanding Officer may exceptionally pardon criminals by name, and which crimes they are being pardoned for 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, in their absence, an MP 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. If any MP thinks the pardon was wrongfully done they should inform High Command about it as well as the CO Council.
- When anyone of the rank Commanding Officer or above performs a pardon, they must know the crimes committed and roughly when they were committed.
- The person performing the Pardon must announce it, the reason to why they are being pardoned, name of the marine and the crimes the marine was pardoned from. As long as the announcement is made, the Commanding Officer does not need to be there for the release itself.
Demotion Clause
The Commanding Officer may demote or discharge USCM personnel below his position if the personnel have commited a major crime. The demotion should fit with the severity and remain within the department. One can not demote someone from an engineering position to a medical one.
- This is not the same as a Demotion Punishment for Capital Crimes, or Major Crimes such as Manslaughter, which can be performed by anyone with permission from the subject's Department Head or the Commander should the subject be a Department Head.
General Article NJPs
The Commanding Officer may issue NJPs at any time should they find a marine’s behavior 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 Commanding Officer may deputize the Executive Officer, Staff Officers or Synthethic to make arrests and enforce Marine Law should MPs be unavailable or unable to respond in a timely manner. When Deputized, one is required to follow Marine Law like an MP.
USCM Provost Office
The Provost
Members of the USCM Provost Office hold significant weight on how Marine Law is handled in their operational areas. In the event that Marine Law is being mishandled aboard a USCM Vessel or within the AO of a USCM Vessel, USCM High Command may see fit to dispatch a Provost Team. This team may range from an Inspector and their escort visiting the site and laying down the law, or a team of Enforcers showing why breaking the law is a bad idea.
Authority
- Members of the Provost Office obey only their direct superiors and are not beholden to the Marine Chain of Command.
- Provost Inspectors and above are the final word on Marine Law in their AO.
- Provost Advisors do not hold any direct authority themselves, however they are expected to ensure Marine Law is correctly handled.
- Provost Marshals are not required to follow Marine Law, with the exception of making announcements regarding Battlefield Executions.
Contact Information
Marine Law is Currently handled by Provost Chief Marshal Admiral Claymore Allister
- Contact: “Nanu#3012” on the USCM Galactic Discord Server.