User:Jord/UCMJ

Section 1 - Preamble

 * 1) This by-law shall constitute the Uniform Code of Military Justice (UCMJ) for Bravo Fleet per Section V.2.3.3 of the Constitution which shall guide the Committee of the Judge Advocate General (JAG) in its operations.
 * 2) Per Section III.1.18 of the Constitution, all players are required to follow the Constitution.
 * 3) JAG is hereby empowered to investigate and determine if the Constitution is being violated and issue remedies in cases where violations have occured within the framework set up by the constitution and this by-law.

Section 2 - Charges

 * 1) Any member of Bravo Fleet may bring a potential violation of the constitution or its by-laws to the attention of JAG through its central mailing list (bf_jag@bravofleet.com).
 * 2) Upon receipt of charges, the JAG CO will determine whether or not the allegations, if proved, would be a violation. If the charges do not amount to an alleged violation the JAG CO may rule them out of order and advise the complaintant as such.
 * 3) The BFA observer established under section V.2.2.1.3 of the Constitution shall also have the right to rule charges out of order if they are of legal or an extra-fleet manner. In such cases the observer will refer the charges to the BFCO for possible further action.

Section 3 - Tribunal Process

 * 1) If charges are not ruled out of order, the JAG CO shall notify the person(s) alleged to have violated the constitution (defendant) and request an initial response. At this time the identity of the person making the charges (plaintiff) shall not be revealed unless absolutely necessary.  The defendant will have 72 hours to respond.
 * 2) After the response of the defendant or 72 hours, which ever has occured first, JAG members will vote whether or not to hear the case. Only if two-thirds or greater (=>2/3) of members vote to hear the case shall it proceed further.
 * 3) If the case is to proceed, a Tribunal of three members shall be chosen from among volunteers. The JAG CO may rule members inelligble based on conflict of interest and shall not sit on the Tribunal himself unless necessary due to lack of available members.
 * 4) In the event that not enough JAG members are available to constitute a Tribunal, the JAG CO may appoint temporary members whose term shall expire at the end of the case. Such temporary members shall have at least six months experience in Bravo Fleet.
 * 5) If a case is proceeding from this point, the plaintiff and defendant shall have the right to represent themselves or to appoint a representative so long as such representative is not a JAG member and has a character in Bravo Fleet at or above the rank of Lieutenant Commander.
 * 6) The JAG CO will call for particpation from the plaintiff and defendant. After each call, the requested person shall have 72 hours to respond.  Requests will be as follows:
 * 7) the plaintiff to make an opening statement and provide evidence to the Tribunal
 * 8) the defendant to respond to the statement and evidence of the plaintiff and to offer counter evidence
 * 9) the plaintiff to offer any rebuttal
 * 10) both the plaintiff and defendant to offer closing statements
 * 11) Once all participation is complete, all JAG members may discuss the case and the three Tribunal members shall vote as to whether or not the defendant is guilty.
 * 12) If the defendant is found guilty, Tribunal members will discuss and vote upon a remedy.

Section 4 - Appeals

 * 1) If a defendant is found guilty, he or she may appeal the matter to the BFCO.
 * 2) If the BFCO believes the appeal has merit, he or she may authorize another hearing.
 * 3) If the BFCO authorizes a hearing, it shall be heard by a Tribunal consisting of the membership of the BFA. Such a hearing shall not hear new evidence but shall review all documents presented by the plaintiff and defendant under Section 3.6 of this by-law.
 * 4) The BFA shall vote to either uphold the ruling of JAG, order JAG to choose a new remedy or override the ruling of JAG finding the defendant innocent.
 * 5) Notwithstanding the above, in the event that new evidence on a case is found, an appeal may be made to JAG to reconsider a case.

Section 5 - Administrative

 * 1) At any point during the process of reviewing and investigating a case, the JAG CO may appoint a member of JAG or a member of BF with six months or more experience to investigate the case and report the findings of such an investigation back to JAG to assist members with their decision.
 * 2) Bravo Fleet members with positions of TFCO or higher may issue penalties on obvious violations of the constitution without engaging the JAG process. However, individuals punished in this way may ask JAG to review the situation and rule.
 * 3) All members of JAG will keep information they learn over the course of investigations and charges confidential except where confidentiality is waived by the JAG CO or the BFCO.
 * 4) The JAG CO or his/her designate shall keep detailed records of each case, noting the membership of tribunals, the margins of votes and other "minutes". Such records shall be sealed and only available to the BFCO (or his/her designate) and JAG members.  Other BF officials may be allowed to view particular records on a case-by-case basis at the discretion of the BFCO or JAG CO.