Starfleet Code of Military Justice

Facts

• Commonly abbreviated SCJ, SCMJ (VAN Novel: Harbinger; Novel: Gods of Night)
  • Also known as Starfleet Official Regulations (TNG Novel: A Time to Heal)
• Foundation of Starfleet military law
• Establishes processes and procedures for courts martial
  • Court martial general procedures
    • JAG division commander for the jurisdiction in which the crime occurred is required to convene all figures required for the court martial (TNG Novel: The Buried Age)
      • A board consisting of at least three officers of commander's rank or higher (DIS: "Battle at the Binary Stars", TOS: "Court Martial", "The Menagerie, Part I", "The Menagerie, Part II"; TNG Novel: The Buried Age)
        • Prior to late 23rd century, given that courts martial often occurred weeks or months from core Federation territory, there were few regulations on who could convene or sit on a court martial hearing, including the accusing party (TOS: "Court Martial", "The Menagerie, Part I", "The Menagerie, Part II", "Turnabout Intruder")
        • As travel time to the frontier generally lessened, regulations were put in place preventing such, to avoid conflicts of interest (TNG Novel: The Buried Age)
      • Judge advocate to advise the panel on any questions of law (TNG Novel: The Buried Age)
      • JAG officers to serve as counsel for the prosecution or defense (TNG Novel: The Buried Age)
        • Accused is alternatively allowed to select civilian counsel, or request any reasonably available officer as counsel, with assigned counsel either dismissed or serving as associate counsel (TOS: "Court Martial"; TNG Novel: The Buried Age)
• Crimes defined under SCMJ:
  • Conspiracy (VAN Novel: Reap the Whirlwind)
    • Accused willfully took part in an agreement among multiple people to attempt to violate the Starfleet Code of Military Justice
      • Modifier to other crimes
  • Culpable inefficiency in the performance of duty (TOS: "Court Martial"; TNG Novel: The Buried Age)
    • Accused willfully or negligently failed to perform ones duty as a Starfleet officer, resulting in harm to others or loss of materiel
    • Potential sentencing includes several months in holding (TNG Novel: The Buried Age)
  • Disclosure of classified information (VAN Novel: Reap the Whirlwind)
    • Accused willfully or negligently communicated, furnished, transmitted, or otherwise made available classified information to an unauthorized person or persons
  • Employing excessive force (TNG Novel: The Buried Age)
    • Accused willfully or negligently violated rules of engagement by proceeding with unwarranted amounts of force to resolve a confrontation
    • Potential sentencing includes several months in holding, dishonorable discharge (TNG Novel: The Buried Age)
  • Improper hazarding of vessel (TNG Novel: The Buried Age)
    • Accused wrongfully, willfully, or negligently caused a Starfleet vessel to or permitted a Starfleet vessel to be placed at risk of damage or loss
    • Potential sentencing includes several months in holding, dishonorable discharge (TNG Novel: The Buried Age)
  • Willful disobedience (VAN Novel: Reap the Whirlwind)
    • Accused willfully disobeyed the direct order of a superior officer

Specific citations

Starfleet Codes

• Code 5
  • Section 12
    • Article 413
      • Provides for court martial inquiries in the event of the loss of a vessel in cases of negligence, incompetence, sabotage, or dereliction of duty (VAN Novel: Harbinger)

Starfleet Regulations

• Regulation 94
  • Starfleet Uniform Code
  • Section C
    • Paragraph 12
      • Any equipment and clothing born by an officer while on duty outside the Uniform Code is to be allowed or disallowed at the discretion of a superior officer. (TNG Novel: A Time to Be Born)
• Regulation 104
  • Covers situations under which particular officers have the right to take command of a vessel from its commanding officer
  • Section A
    • Upon the absence of a vessel's commanding officer, the vessel's ranking officer is obligated to take command and act in the best interests of the vessel's ship and crew (VOY Short Story: "Command Code")
  • Section B
    • Allows for a flag officer to take command of a vessel from the vessel's ranking officer in the absence of its commanding officer (TOS: "The Doomsday Machine")
  • Section C
    • Allows for a vessel's chief medical officer to relieve its commanding officer upon certification that they are medically or psychologically unfit for duty (TOS: "The Doomsday Machine")
  • Section D
    • Allows for a vessel's chief of security to countermand the orders of its commanding officer when their actions are against the best interests of the vessel (VOY Short Story: "Command Code")
• Elaborated and detailed via directives issued by Starfleet Command
  • Directive 010: Before engaging alien species in battle, any and all attempts to make first contact and achieve nonmilitary resolution must be made. (TNG Novel: The Buried Age; VOY: "In the Flesh"; VOY Short Story: "Command Code")
  • Directive 012: When engaged in combat with an unknown alien species, all attempts must be made to resolve said combat using minimum necessary force. (TNG Novel: The Buried Age)
    • Issued to reinforce the importance in achieving communications with hostiles in order to best resolve any continuing conflict via diplomatic means, given that many such hostile encounters are the result of misunderstandings or inadvertent territorial intrusions (TNG Novel: The Buried Age)