Court martial

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A court martial refers to a judicial proceeding within a military or quasi-military organization, or the officer(s) who sit as a court to conduct the proceeding.


Offenses tried before a court martial range from insubordination to culpable negligence to violations of Star Fleet General Orders and Regulations. A member of the Star Fleet service who stands accused is presumed innocent until proven guilty, and the service member is entitled to counsel at the preliminary hearing as well as the general court martial. That right may be waived, or the accused may elect to retain counsel. If this initial inquiry determines that a general court martial should be convened, the prosecution is conducted by a Star Fleet Judge Advocate General officer.


No fewer than three officers of command or flag officers rank comprise the court. The senior officer of the court martial acts as the president.

This officer controls the mode and order of presentation of evidence, as well as making evidentiary rulings. Proof is presented through oral testimony and exhibits, including "record tapes".

The accused has the right to face his accusers, cross-examine witnesses, as well as to testify.


If a finding of guilt is entered, or if the accused has pleaded guilty, the defendant is allowed to introduce evidence that either mitigates or explains guilt.


Alternatively, Star Fleet can convene a Board of Inquiry to engage in factfinding.


In the 23rd century, some Star Fleet ships carried a court reporter for the purpose of recording statements, presumably for later use at an official inquiry or court martial.


Notable Court Martials

James T. Kirk

In 2267, Commodore Stone served as President of the Court in the court-martial of Captain James T. Kirk, on Starbase 11, over the alleged death of his records officer.

  • This marked the first time a Star Fleet starship captain stood trial in a court-martial.
  • Kirk was cleared of all charges when it was revealed that Finney had actually faked his own death.


Spock

In 2267, Lieutenant Commander Spock requested and received an on-board court-martial for his actions related to hijacking the USS Enterprise, NCC-1701 and violating "General Order 7."

  • The court consisted of an illusion of Commodore Jose Mendez, Fleet Captain Christopher Pike, and Spock's commanding officer, Captain Kirk.
  • Although Mendez was never actually present, he did receive the images transmitted by the Talosians, and he ordered that General Order 7 was suspended on that occasion.


Janice Lester

In 2269, a woman named Janice Lester, while inhabiting the body of Captain Kirk, charged Commander Spock and "Janice Lester" (who was actually Kirk), with mutiny, and convened a summary court martial.

  • The proceedings were bizarre, and none of the usual procedures intended to protect the accused's rights to due process were in evidence.
  • The other members of the trial board, Lieutenant Commander Montgomery Scott and Doctor Leonard McCoy, were similarly charged during the court martial, and found guilty of mutiny along with Spock and Kirk.
  • Lester then ordered their immediate execution. Ultimately, it was revealed that Lester had transposed her consciousness with Kirk and the orders of the sham court martial were never enforced.


Kirk and Crew

In 2286, then-Admiral James T. Kirk and his subordinates expected to face a court-martial after stealing the starship Enterprise in order to rescue Captain Spock.

  • However, after the officers engaged in a successful effort to save Earth from an alien probe, the Federation Council instead tried the accused.
  • The Council summarily dismissed all charges but one: Kirk alone stood accused of disobeying a direct order of a superior officer.
  • His guilty plea was accepted and for this, Kirk was reduced in rank to Captain.


Jean-Luc Picard

In 2355, the USS Stargazer was lost in the Maxia Zeta star system. In many cases, the loss of a starship automatically triggers a court-martial of the ship's commanding officer.

  • The term 'court martial', applied in this manner, might not necessarily refer to a criminal proceeding, but rather an official military hearing designed to record the circumstances of a ship's loss,
    especially if the ship in question is left adrift, destroyed with no proof of its destruction (in which case it can fall into enemy hands), or destroyed in a questionable manner.


Ro Laren

In the mid-2360s, Ensign Ro Laren of the USS Wellington was court-martialed after disobeying direct orders during an away mission.
Her disobedience was alleged to have led to the deaths of eight of her crewmates.

  • Ro refused to speak in her defense, and the court found her guilty.
  • She was imprisoned in the stockade on Jaros II until her release in 2368.


Michael Eddington

After his capture by Captain Benjamin Sisko and the crew of the USS Defiant, the Maquis leader was court-martialed.

  • He was convicted, and later imprisoned for treason against the Federation.