Justice in early Starfleet

[Kotik]

I've run into a conundrum again.

I've decided to pick up ginamr's episode-challenge for "Fusion". That's one of the episode, which makes me punch the hate-button frantically, mainly because Archer solved the issue by just sending the rapist on his merry way.

Now what would have happened if they decided to put Tolaris on trial? Even if the crime was comitted by a Vulcan against a Vulcan, it happened on Earth Territory and T'Pol was assigned to an Earth ship, so my common sense tells me that it would fall under Earth jurisdiction.
Which brings me to the problematic bit. Has Archer the right to preside over a trial? In later Trek's the trials always happened on Space stations, who had justice personel assigned to them. That is something that doesn't exist in that era, so I came up with 3 theories:

1) Archer has the right to call a trial if he can't deliver the accused into Starfleet custody within a certain time (lets say 3 months)

2) Archer has the ríght to call a trial, but he has to formally declare a state-of-emergency before

3) Archer has no right to call a trial, but must abort his mission immediately and must deliver the accused into Starfleet custody, no matter how long the journey

4) Archer has no right to call a trial and the accused has to spend time in the brig, awaiting his trial however long it takes that the ship is back on Earth, even if it takes years.

Which one would be the most realistic ?


aunt EDITH: Just noticed that this would probably fit better into the non-ship forum

[putaro]

The politics of it are interesting for starters - Earth is being treated like a client state of the Vulcans. So, a Starfleet captain putting a Vulcan on trial would have all kinds of political ramifications. Of course, he's also V'Tosh Katur so that gives it another twist.

I'm not sure what the jurisdiction would be. If Tolaris were in Starfleet he'd automatically fall under Starfleet's justice system and be subject to a court martial. Trying a civilian in a military court is a little dodgy though.

And then, what is Tolaris charged with? Earth law wouldn't recognize a forced mind meld as a rape.

I'd say it would be most likely that Archer would hold him for delivery to Vulcan for trial. The forced mind meld is much more likely to be a crime under Vulcan law than under Earth law of the period. It also sidesteps the political problem of trying a Vulcan in the Human justice system.

[Kotik]

Good points there putaro, but the political conundrum broadens even more. Would Vulcan put the rapist on trial in the first place? After all the perverted laws of V'Las declare mind-melds deviant in the first place and would most likely punish T'Pol, too, because she initially agreed. The mental rape started, when Tolaris didn't stop, when she asked him to.

I'm pretty sure that Earth would recognize the forced mild-meld as a criminal offense, but more likely as a variant of battery or coercion with "severe gravity of guilt" (term from german law), not rape.

[Silverbullet]

Hoo Boy, Kotik. do you sit up nights designing these things?

Okay. In today's world a crime commmited by a national of a foreign country in any other country is subject to the laws of the country the crime is commited in. If a German breaks a Turkish law he is tried ina turkish court under turkish law and if found guilty is sentenced to a turkish Prison (not a happpy outcome) Same thiing if someone comes in to the U.s. and commits a rime.
My point is that tolaris commited the crime on Earth territory so he is subject to Earth justice under Earth law. I am not sure what law he coul be charged with brraking. Mind Rape isn't a thing that takes place among humans. Best I can come up with would be forced deviant behavior.

Still Tolaris could be arrested but then what? ENT has a mission it cannot break that off to run Tolaris back to Earth or vulcan. I should think that Archer woud be a uthorized to try a crewmember in a court martial. A Civilian? Dobtful.

Damned good question.

SB

[Transwarp]

Since Tolaris is on a Starfleet vessel he is subject to Earth law, but as a civilian he does *not* fall under Starfleet regulations. Archer cannot court-martial him. And earth law probably would not recognize what he did as a crime.

Would Vulcan put the rapist on trial in the first place? After all the perverted laws of V'Las declare mind-melds deviant in the first place and would most likely punish T'Pol, too

EXCELLENT point. And what a potentially sticky decision for Archer. Assuming Vulcan law recognized the forced meld as a crime under vulcan law, Archer probably *could* hold Tolaris to turn over to the Vulcan authorities. That scenario would probably be covered by one or more international laws, treaties or SOFA's (Status of Forces Agreements) between earth and vulcan. But by doing so, he might put T'Pol at legal risk, so he'd have to decide whether to let Tolaris walk to save T'Pol.

But wait! Didn't Tolaris physically assault Archer in his ready room? That *is* a crime under earth law, and Archer could detain him and turn him over to earth authorities for a civilian trial. and, yes, he would have to abort the mission and return to earth or a suitable colony.

Great topic!

[Kotik]

I think it gets even more convoluted, when you link it with the age-old debate of wether or not Starfleet is a military organization. And the gray zone that is the question of 'citizen attacks military officer'.

Trials in Starfleet do not neccessarily need to be court-martial. If you take the TNG episode "Measure Of A Man", where there is the trial to establish Data's ('human') rights. That wasn't a court-martial, but still a trial staged by Starfleet.

Than you have the fact that Enterprise is probably something like 4 or 5 months from the next human colony (and Vulcan for that matter). Would the law allow to incarcerate someone without a trial for such a long time? That's why I think that SF would have provisions for such cases. And how would be handled with the boomers? In "Broken Bow" Travis explains that one specific errand took 3 years to reach the destination. Would they really put someone into the brig for 3 years just to await trial?

[WarpGirl]

Okay disregarding the whole "military-not" arguement because I get into WAY too much trouble there... Why not call Soval? I know he's not the most friendly person in that season, however... He is a good guy. It makes the most sense, Tolaris is an Exile, but he assaulted a Vulcan citizen and a representative of an ally. It makes sense for him to be subject to Vulcan law. And it makes sense for the way Starfleet seems to deal with Vulcan.

Minor point, Mind-Melds are not illegal in the sense that you can be put in jail. Case in point, neither Yuris or T'Pol were arrested in Stigma, they were considered perverts, moral devients, not criminals.

[Kotik]

Why not call Soval?

Because in season 1 the most important thing on Archers mind was to get as far away from the Vulcans as possible. He's rather hack a leg off before calling Soval.

[WarpGirl]

Well that's one of the reasons I can't stand Archer. I should have known the reasonable thing wouldn't work, we're talking about Archer.

[panyasan]

I don't know which law Archer would have used and I think if he would try he would find a law system that would suit him the best.
Fact is some one violated/attacked/harmed some one under his command or better said in his care as captain of Enterprise.
He should have reported it. He should have made clear that no one attacks one of his crew members, even when T'Pol isn't part of his organization or part of his planet. Would you serve with some one who doesn't defend you as a crew member when you were attacked?
The best what he could do is report Tolaris' actions with the leader of his own people and made it clear the man should be punished. Fighting with Tolaris isn't enough. My memory fails me if Archer made such a report or not.

[WarpGirl]

He didn't. But you're right he should have confined Tolaris, and called Forrest. Forrest would have contacted Soval, and come up with a good solution those two were BFF's. Send a fancy warp 7 Vulcan ship to pick the trash up quickly and Tolaris gets punished.

[Kotik]

I think involving the Vulcans would have been prohibitive. Remeber the S2 episode "stigma"? They were about to cart her off to Vulcan, because she had participated in a mind-meld. Way to defend a crewmate by carting her off to the butcher.

There has to be a different solution.

[Cogito]

And then, what is Tolaris charged with? Earth law wouldn't recognize a forced mind meld as a rape.

Vulcan may have different laws specific to a mental assault, but that's moot since the incident happened on a human ship. In human jurisdiction I expect this would be classified as assault and battery. I don't know what laws would be in force that far in the future but I'm sure there would have to be something similar to the current-day laws relating to assault and aggravated assault. This should also apply to the relatively minor issue of Tolaris throwing Archer across his cabin. Isn't it interesting that Archer was smart enough to prepare a hidden weapon but didn't think to have security ready to burst in. What did he achieve by his reckless confrontation with Tolaris? If he had used that as an excuse to take him into custody I could see the sense of it,but as it is he achieved nothing.

Anyway Archer's response (or rather, his lack of response) to the assault on T'Pol was despicable.

[WarpGirl]

Ug! Okay they weren't going to throw her in jail. They didn't throw Yuris into jail. And if Soval was in on it he'd protect her. He'd been protecting her for a long time. See this is why I'm not a rabid fan of this Trek... Trip, T'Pol, Malcolm, Hoshi, Phlox, Shran, Soval, V'Lar... I LOVE THEM!

But issues like this just makes me sooooooooo frustrated. The show had so much potential, and this stuff makes me mad.

[Kotik]

If you want to stay in canon, you cannot involve Soval. He didn't reveal himself as a good guy until season 4. Remember that he gave T'Pol an earful for saying that she's 'gratified' in "Cease Fire". That's the conundrum, how to make Archer react decently instead of the ignorant assclown he was written as in this episode.