You are the captain...

[Mr. Laser Beam]

It's the captain's responsibility to know the local laws and see the crew is properly briefed before they visit the planet.

And if officials on the planet decide not to reveal that information? What then?

Let's go back to TNG's "Justice". Nobody on the Enterprise knew about the universal death sentence, did they? And in DS9's "Hard Time", O'Brien had no way of knowing that just asking a few questions constituted espionage, because nobody fucking TOLD him.

And don't give me that crap about "ignorance of the law is no excuse". If there are laws like this in place, it's the responsibility of the planetary government to TELL visiting crew about those laws.

Whether or not that has been done, in this hypothetical scenario, has not been established.

I would perhaps also leave at least one other Starfleet officer - one, if possible, who is either a JAG liaison or somewhat versed in law - behind to act as their advocate and our contact. With said advocate's consent, of course.

That's another good point.
In this scenario, it's assumed that the engineer has already been tried, convicted and sentenced. I'm forced to guess that this happened without proper defense counsel. (Certainly not Starfleet defense counsel, at any rate.) Why should I accept results obtained that way? Why doesn't my engineer deserve to be defended at trial?

 

[Shawnster]

And if officials on the planet decide not to reveal that information? What then?

Let's go back to TNG's "Justice". Nobody on the Enterprise knew about the universal death sentence, did they? And in DS9's "Hard Time", O'Brien had no way of knowing that just asking a few questions constituted espionage, because nobody fucking TOLD him.

I can't help it that Picard failed an elementary point of protocol. I run a better ship.

Don't know the local laws and customs? Don't beam down. What business does my engineer have beaming down there in the first place? He's not a diplomat.

Look, here is a planet we know nothing about. We have no idea what their laws and customs are. Let's allow the crew to beam down and mingle freely with the population. Yeah, that's intelligent.

Diplomats have diplomatic immunity. A Starfleet captain and his landing party are diplomats. Keep the exposure to a minimum. Only allow qualified and trained personnel in the away team. Get the rules of engagement in place immediately.

My chief engineer or the love child I have with the CMO can only beam down to visit people who we know and trust and understand the laws and customs thereof. Actually, no civilians on my ship, so no love child.

 

[Mr. Laser Beam]

Look, here is a planet we know nothing about. We have no idea what their laws and customs are. Let's allow the crew to beam down and mingle freely with the population. Yeah, that's intelligent.

If the planet in question even allows Starfleet personnel to visit them at all, then it's the responsibility OF the local officials to notify said personnel of the laws and customs involved. You can't just expect a Starfleet landing party to GUESS what the laws are, if you don't tell them!

It's not Picard's fault that the Edo didn't tell him of the automatic death sentence for breaking any law. The Edo allowed the crew to visit, therefore the Edo should have said something. It's THEIR fault, not Picard's, that Wesley was almost executed.

 

[Farscape One]

I can't help it that Picard failed an elementary point of protocol. I run a better ship.

Don't know the local laws and customs? Don't beam down. What business does my engineer have beaming down there in the first place? He's not a diplomat.

Look, here is a planet we know nothing about. We have no idea what their laws and customs are. Let's allow the crew to beam down and mingle freely with the population. Yeah, that's intelligent.

Diplomats have diplomatic immunity. A Starfleet captain and his landing party are diplomats. Keep the exposure to a minimum. Only allow qualified and trained personnel in the away team. Get the rules of engagement in place immediately.

My chief engineer or the love child I have with the CMO can only beam down to visit people who we know and trust and understand the laws and customs thereof. Actually, no civilians on my ship, so no love child.

Actually the fault is with Lt. Yar for not doing a thorough enough job about learning the laws and punishments in "Justice".

Picard based his decision on the information he was given by one of his senior officers... in this case, the Chief of Security.

 

[Shawnster]

the planet in question even allows Starfleet personnel to visit them at all, then it's the responsibility OF the local officials to notify said personnel of the laws and customs involved. You can't just expect a Starfleet landing party to GUESS what the laws are, if you don't tell them!

@Farscape One makes a good point in making Yar responsible. I just upped it to Picard because the buck stopped with him.

From Justice:
TASHA: I've listed my report on their customs and laws, sir. Fairly simple, common sense things.

Tasha failed. Her report was clearly not thorough. We aren't talking about some obscure law in Justice. It's a death penalty situation. It's a law that all the natives know and instantly respond/react to. How hard is it to learn "yes, they have these mobile no tresapassing zones that, if broken, incurr the death penalty."

That's like researching where the minefields are.

No, I can't expect Starfleet to guess, but I can expect them to ask basic questions. "are there any laws or cultural taboos we should be aware of?"

Now, the natives can lie. They can deceive, inveigle, or obfuscate. Of course, that's an act of aggression and that changes this scenario. If the natives were intentionally trying to force a situation where a Starfleet officer would break the law and be arrested, then I would respond in kind.

But simply not being aware of a strict law or taboo? That's a fault on the part of Starfleet. That was a lack of due diligence. That was a failure to be thorough in researching the natives.

Is this Starfleet's first rodeo? Am I a captain of the NX-02 in the 22nd century, the USS Excelsior in the 24th century, or the USS Nog in the 31st century? Where in the stream of time this takes place also affects the answer. We learn from failure, and that includes first contact situations.

And, as I said, it's not proper/appropriate/advisable to let just any of the crew to visit any planet where there isn't a treaty of some kind in place. That's just reckless.

 

[Nerys Myk]

Okay, that's out of my system.

 

[Jedi Marso]

Really? In "Wolf in the Fold" when Scotty was plausibly accused of murder, Kirk didn't just beam him up and warp away. Kirk did everything he could legally do to find evidence that would clear Scotty but he didn't say anything about taking him away and telling Argellian justice to pound sand.

The poll gives two options. A large number of the responses are attempts to circumvent the options. Given the two options in the poll, my decision is what it is. If we want to play the 'well, I'd do this INSTEAD,' game, I could go on all day.

 

[Jedi Marso]

Um, why would Starfleet intentionally maroon their officer? Starfleet would rearrange schedules to make sure a stsrship visited every few months to check on the engineer's welfare. They would definitely arrange for a ship to be there in a year to pick him up when released. There is also every possibility Starfleet and the Federation would establish a small consulate or diplomatic presence while the engineer was incarcerated.

Are we talking about the same Starfleet that tends to preface its orders with "Sorry, but you're the only starship in the quadrant"?

 

[Mr. Laser Beam]

I see that no one has as yet answered the question, was my engineer given proper defense counsel during his trial? The premise of the scenario is that he's already been tried, convicted AND sentenced. I'm not seeing any mention of whether he was allowed to defend himself at trial.

I'm just guessing that Starfleet was never given the opportunity to send a competent defense attorney to see to my engineer's needs...

 

[Nerys Myk]

I see that no one has as yet answered the question, was my engineer given proper defense counsel during his trial? The premise of the scenario is that he's already been tried, convicted AND sentenced. I'm not seeing any mention of whether he was allowed to defend himself at trial.

I'm just guessing that Starfleet was never given the opportunity to send a competent defense attorney to see to my engineer's needs...

We can assume that all legal procedures have followed and your engineer was found guilty, hence "sentenced".

A competent attorney would be one familiar with the laws of that planet. Which are probably in great abundance on said planet. Some JAG officer probably wouldn't have a clue

 

[Mr. Laser Beam]

We can assume that all legal procedures have followed and your engineer was found guilty, hence "sentenced".

Just because sentence has been pronounced doesn't mean that the trial was fair or that the accused was ever allowed counsel. Ever hear of the Volksgerichtshof?

And a more Trek-oriented example:

"The verdict is guilty. The sentence is death. Let the trial begin...."

 

[Nerys Myk]

Just because sentence has been pronounced doesn't mean that the trial was fair or that the accused was ever allowed counsel. Ever hear of the Volksgerichtshof?

And a more Trek-oriented example:

"The verdict is guilty. The sentence is death. Let the trial begin...."

Well, their planet their rules. "Fair" is what they say it is.

But this scenario is light on details. So they can be what ever each responder wants them to be for their captain. If you want a miscarriage of justice that you as captain must right, go for it.

 

[FederationHistorian]

I'd leave the engineer. JAG can take up the issue. And the Federation can try and send an ambassador to ensure the engineer’s is treated well for the year.

 

[BillJ]

Let's go back to TNG's "Justice". Nobody on the Enterprise knew about the universal death sentence, did they? And in DS9's "Hard Time", O'Brien had no way of knowing that just asking a few questions constituted espionage, because nobody fucking TOLD him.

And don't give me that crap about "ignorance of the law is no excuse". If there are laws like this in place, it's the responsibility of the planetary government to TELL visiting crew about those laws.

They clearly had some kind of access to local laws and customs, as Yar says she did the research. Yes, if you have access to local laws and customs, but don't do your due diligence, then ignorance of the law is no excuse.

Make sure, next time, that your horny Chief of Security isn't doing the research.

"The verdict is guilty. The sentence is death. Let the trial begin...."

That is the chance you take, when interacting with other cultures.

 

[Turtletrekker]

As long as I was assured that the crew mate would be treated humanely, I would make Starfleet Command aware of the situation and stay in the system until a diplomatic representative of the Federation arrived on the scene. Until such time, I would continue to seek out a way to procure my crewman's freedom.

 

[Laura Cynthia Chambers]

Alternately, I'd be suspicious if they released him too quickly after an apparent change of heart without a good explanation. I'd want proof he's really my man and not a spy impostor.

What would be called paranoia in the real world is a reasonable suspicion in Trek.

 

[Laura Cynthia Chambers]

When do we get the next dilemma? Maybe each one should have its own thread, so we can discuss them separately with going back and forth between scenarios.

 

[Will_Carter]

Every week, I'll present a challenging Command Decision for you to consider. Choose between the available options, and if you like, track your answers over time to gain insight into your command style.

Scenario: While on shore leave on a non-Federation planet, your Chief Engineer committed a minor offense by speaking out of turn to a village elder. As a result, they have been sentenced to a one-year prison term.

Do you:
1. Leave them behind to serve their sentence, or
2. Beam them back to the ship and immediately leave the system?

Attempts to find legal remedies through negotiation have failed, leaving you with only these two options. What would you do?
Thoughts and comments are welcome.

Welp. This depends largely on the conditions of imprisonment.

If the imprisonment is relatively humane (as humane as prison can be) then I would talk to my chief engineer. If it is exactly as the scenerio dictates and literally just spoke out of turn?

'Alright, bob. I think this is stupid. You think this is stupid. However we are here to build goodwill. So either you go down there, or I go down there.'

Now if it's like that one DS9 episode where 'here you get implanted with twenty years of solitary designed to give you PTSD rather than actually rehabilitate you?'

Well. I'm beaming my chief out of there and flagging the planet as a quarentine zone.

 

[Trek Writers Room]

As long as I was assured that the crew mate would be treated humanely, I would make Starfleet Command aware of the situation and stay in the system until a diplomatic representative of the Federation arrived on the scene. Until such time, I would continue to seek out a way to procure my crewman's freedom.

A plausible solution.

 

[Trek Writers Room]

Alternately, I'd be suspicious if they released him too quickly after an apparent change of heart without a good explanation. I'd want proof he's really my man and not a spy impostor.

What would be called paranoia in the real world is a reasonable suspicion in Trek.

This isn’t a trick question—it’s more about what you would do. However, the ship sensors are capable of confirming the crew member’s identity at the atomic level, eliminating the possibility of an imposter.