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Investigation Procedures: Difference between revisions
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<h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Crime vs. Minor Offense</h3> | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Crime vs. Minor Offense</h3> | ||
The subject matter of those criminal activities discussed in this document, are those of which that would fall under the purview of the Star Fleet Judge Advocate General's Office, potentially be adjudicated under a court-martial Martial if appropriate, and if found guilty may carry a minimal sentence of one year confinement or more. Each step meticulously guided by the enigmatic articles set forth in the | The subject matter of those criminal activities discussed in this document, are those of which that would fall under the purview of the Star Fleet Judge Advocate General's Office, potentially be adjudicated under a court-martial Martial if appropriate, and if found guilty may carry a minimal sentence of one year confinement or more. Each step meticulously guided by the enigmatic articles set forth in the SFUCMJ (hereafter referred to as SFUCMJ for brevity). | ||
The term “minor offense” means misconduct normally handled by Commanding Officers under Article 15/Captain's Mast, as per the | The term “minor offense” means misconduct normally handled by Commanding Officers under Article 15/Captain's Mast, as per the SFUCMJ and thus do not fall into the scope of this document. | ||
<h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">MULTI AGENCY COOPERATION</h3> | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">MULTI AGENCY COOPERATION</h3> | ||
The Judicial Process relies heavily upon a very intricate level of cooperation and communication between Star Fleet Security, Star Fleet Judge Advocate General's Office (SFJAG) and the Star Fleet Security & Criminal Investigative Service in order to make that complex process a reality. Regulations exist to ensure transparency, cooperation and timely communication among and between the three aforementioned agencies in order to ensure victims are protected and offenders are prosecuted accordingly under the SFUCMJ. | The Judicial Process relies heavily upon a very intricate level of cooperation and communication between Star Fleet Security, Star Fleet Judge Advocate General's Office (SFJAG) and the Star Fleet Security & Criminal Investigative Service in order to make that complex process a reality. Regulations exist to ensure transparency, cooperation and timely communication among and between the three aforementioned agencies in order to ensure victims are protected and offenders are prosecuted accordingly under the SFUCMJ. | ||
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The court-martials assign a great deal of probative value to corroborative evidence because it assists the court-martial in reaching their belief beyond a reasonable doubt. For SFSECIS Agent(s), it is important to not just look for the minimum amount of evidence apparent at the scene of a crime. The investigation must also seek out other evidence that can corroborate the facts attested to by witnesses or victims in their accounts of the event. An interesting example of corroborative evidence can be found in the court-martial’s acceptance of SFSECIS Agent(s) notes as being circumstantially corroborative of that officer’s evidence and account of the events. When SFSECIS Agent(s) testifies in a court-martial, they are usually given permission by the court-martial to refer to their notes to refresh their memory and provide a full account of the events. If the SFSECIS Agent(s) notes are detailed and accurate, the court-martial can give significant weight to the officer’s account of those events. If the notes lack detail or are incomplete on significant points, the court-martial may assign less value to the accuracy of the SFSECIS Agent(s) account. | The court-martials assign a great deal of probative value to corroborative evidence because it assists the court-martial in reaching their belief beyond a reasonable doubt. For SFSECIS Agent(s), it is important to not just look for the minimum amount of evidence apparent at the scene of a crime. The investigation must also seek out other evidence that can corroborate the facts attested to by witnesses or victims in their accounts of the event. An interesting example of corroborative evidence can be found in the court-martial’s acceptance of SFSECIS Agent(s) notes as being circumstantially corroborative of that officer’s evidence and account of the events. When SFSECIS Agent(s) testifies in a court-martial, they are usually given permission by the court-martial to refer to their notes to refresh their memory and provide a full account of the events. If the SFSECIS Agent(s) notes are detailed and accurate, the court-martial can give significant weight to the officer’s account of those events. If the notes lack detail or are incomplete on significant points, the court-martial may assign less value to the accuracy of the SFSECIS Agent(s) account. | ||
<h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Disclosure of Evidence</h5> | <h5 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Disclosure of Evidence</h5> | ||
It is important for an SFSECIS Agent(s)to be aware that all aspects of their investigation may become subject to disclosure as potential evidence for court-martial. As part of the process of fundamental justice within the | It is important for an SFSECIS Agent(s)to be aware that all aspects of their investigation may become subject to disclosure as potential evidence for court-martial. As part of the process of fundamental justice within the SFUCMJ, a person charged with an offense has the right to full disclosure of all the evidence of the investigation. This means that any evidence or information gathered during the SFSECIS investigation must be available for the defense to review and determine if that evidence could assist the accused in presenting a defense to the charge before the court-martial. | ||
In the disclosure process, the decision to disclose or not to disclose is the exclusive domain of the crown prosecutor and, although SFSECIS Agent(s) may submit information and evidence to the prosecutor with the request that the information be considered an exception to the disclosure rules, the final decision is that of the crown. That said, even the decision of the crown may be challenged by the defense and that then becomes a final decision for the Judge. The prosecutor will ask the SFSECIS to provide a full disclosure of the evidence gathered during their investigation. | In the disclosure process, the decision to disclose or not to disclose is the exclusive domain of the crown prosecutor and, although SFSECIS Agent(s) may submit information and evidence to the prosecutor with the request that the information be considered an exception to the disclosure rules, the final decision is that of the crown. That said, even the decision of the crown may be challenged by the defense and that then becomes a final decision for the Judge. The prosecutor will ask the SFSECIS to provide a full disclosure of the evidence gathered during their investigation. | ||
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* If the evidence was somehow contaminated | * If the evidence was somehow contaminated | ||
* If the chain of continuity for the evidence has been properly maintained | * If the chain of continuity for the evidence has been properly maintained | ||
* A flaw in any of these factors can result in evidence being excluded at trial. In addition, the Military Judge(s) can completely exclude any evidence that has been obtained following a violation of the Rights and Freedoms of the accused person under the Articles of Federation and the | * A flaw in any of these factors can result in evidence being excluded at trial. In addition, the Military Judge(s) can completely exclude any evidence that has been obtained following a violation of the Rights and Freedoms of the accused person under the Articles of Federation and the SFUCMJ. Such infringements on these guaranteed rights and freedoms would include: | ||
* Improper or unauthorized search of a person or a person’s property | * Improper or unauthorized search of a person or a person’s property | ||
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* Failing to provide proper opportunity for the arrested or detained person to speak with counsel after arrest or detainment | * Failing to provide proper opportunity for the arrested or detained person to speak with counsel after arrest or detainment | ||
* Failing to properly disclose all the evidence prior to trial to allow the accused to make full defense to the charge | * Failing to properly disclose all the evidence prior to trial to allow the accused to make full defense to the charge | ||
Section 859 of the | Section 859 of the SFUCMJ states: | ||
59. (1) A finding or sentence of court-martial may not be held incorrect on the grounds of an error of law unless the error materially prejudices the substantial rights of the accused. | 59. (1) A finding or sentence of court-martial may not be held incorrect on the grounds of an error of law unless the error materially prejudices the substantial rights of the accused. | ||
