raven: [hello my name is] and a silhouette image of a raven (ds9 - kira in green)
[personal profile] raven
Otherwise known as STARFLEET NEEDS LAWYERS. I have taken a looooot of poetic licence for this fic. I wish to emphasise at this point that the Federation's legal system is entirely made up to suit my purposes, so there. [livejournal.com profile] gamesiplay betaed, as usual; thank you!

Fic:: Malice Aforethought
by Raven
2200w, Star Trek: Deep Space Nine, gen, Kira, Sisko, ensemble. "Gentlebeings of the jury, do you have a verdict?" Kira on trial.

Warning: violence.


[Criminal Activities Report, Deep Space Nine, week beginning stardate 48575, compiled by Security Chief Odo, excerpt.]

2215. Noise reports from Habitat Ring section 28 gamma, localised to quarters of Li Adoral and Li Kalen, owners of Far Out Fashions, clothing establishment on the Promenade; upon entering noted Li Adoral with bloody nose, and red staining on Li Kalen's knuckles, asked if she meant to press charges, reply negative. Fifth such incident in a year.

2235. Pickpocketing incident on Promenade.

2300. A Klingon visitor to the station, name of Kron, was killed in a bar fight in Quark's. Perpetrator appears to have been Major Kira. High-security custody not thought necessary. Magistrate has been informed.



*



"Major," Sisko said. "When one of my officers doesn't turn up for work in the morning because, and I quote from your message, 'have been arrested for murder', I begin to wonder if it will be a sub-optimal day."

"Sorry," Kira said, and looked out of the window at the revolving stars rather than directly at him. "I really am sorry, Captain."

"Of that I have no doubt." Sisko sat down in his chair. "Just what were you doing?"

"I knocked a drink over a drunk Klingon," Kira said. "He'd been hitting the bloodwine all night, his friends were getting him riled up. I said he should look where he was going, and he stood up and waved a chair at me. I'm afraid I might have provoked him. Then he came at me with a knife."

"And," Sisko said, looking down at the padd, "Odo writes: following which Major Kira executed a manoeuvre in which she took the knife and turned it back upon the aggressor..."

"I didn't mean to kill him!" Kira said, plaintively. "I don't deny I did. But there were lots of people in the bar who can witness..."

"Major," Sisko said, gently, "I have no intention of accusing you. But this is out of my hands now. You'll go to the dock, you'll plead self-defence."

"Yes, sir," Kira said.


*


[Excerpt from court transcript, case no. 880-2364]

(Jury in at 1945 station time)
THE COURT: Gentlebeings of the jury, have you reached a
verdict?
JURORS: Yes, we have.
THE COURT: Does the forebeing have the padd?
JUROR NO. 3: Yes, I do.
THE COURT: Beings of the jury, you will listen to the reading of your verdict.

VERDICT

THE COURT: In the Federation Unified Court and the Bajoran District Court for the space station of Deep Space Nine, otherwise Terek Nor, Criminal Action No. 880-2364, Prosecutor v Kira Nerys. We, the jury, upon our oaths unanimously find as follows:

Count 1, murder by malice aforethought: not guilty.

Count 2, voluntary manslaughter: not guilty.

Count 3, drunken disorder in a public place: guilty.

[susurration from the public gallery]

THE COURT: The Court thanks the jury.

USHER: All rise.



*


"Captain," Dax was saying, over the comm, "there's a Klingon gentleman here to see you" – and then Sisko was pinned against the wall of his own office while a voice roared in his ear, "Objection."


*


[Interim establishing Act for Deep Space Nine otherwise Terek Nor, passed concurrently by conference committee of Federation devolved council for Sector 4488 and the Bajoran Provisional Legislature, excerpt]

§1 Definitions
When used in this Act these terms shall be defined as follows:

* * *

(d) "Deep Space Nine" means the entirety of the space station denoted "Deep Space Nine" in the Starfleet Permanent Installation Code including its habitat rings docking pylons airlocks cargo bays recreational facilities and any other subsection atmospheric or open to vacuum of its structure [...]

* * *

§5662 Districting
Where an offence criminal or civil is alleged to have taken place on Deep Space Nine it shall be deemed a Federation crime for purposes of districting. This section is to be construed without prejudice to the application of substantive law [...]



*


"I want you to explain this to me in words with as few syllables as possible," Kira said, as calmly and rationally as she could. Sisko was nursing a bruise on his temple and looked as belligerent as she felt.

Dax stepped forward and said, "This is Karan, son of Morak, ja'H quaghar of Qo'noS."

"What does that mean?" Kira asked, still calmly, still rationally.

"Uh, literally it means "the one who is the sniffer of skulls,'" Dax said, a little uncomfortably. "A more idiomatic translation would be, uh. Attorney-general."

The attorney-general of Qo'noS glared at Kira, balefully. He was wearing full battle regalia, but he sat more composedly in his chair than any other Klingon she'd met. "The issue is as follows," he said, with clipped, precise enunciation. "Major Kira was recently acquitted of the murder of a Klingon named Kron, of the House of Duras."

"Yes," Kira said.

"It is the contention of the Klingon Empire that she was acquitted only according to the law of the Federation. Nowhere in the law of the Federation does it state that Federation law should apply on Deep Space Nine."

"Wait just one moment." Sisko raised his head. "That can't be right."

"Captain, you are welcome to study the legisprudence of your people at your leisure. In the meantime I shall be in my quarters."

He swept out.


*


[Excerpts from K.N. v T.K.E. [2364] 667 SC 119]

Per curiam.

Our learned friend for the Klingon Empire contends that in an absence of immediately applicable substantive law the reasonable expectations of the victim should be satisfied [...] The court is not wholly convinced of this proposition in view of the victim's decease but allows the premise [...]

* * *

We are grateful also for the Empire's acknowledgement that should it be held necessary a Federation court could be deemed competent in Klingon jurisprudence [...] due process requirements could not be satisfied on Qo'noS given the defendant's relatively small build and lack of familiarity with Klingon procedure.

* * *

We affirm on the limited grounds that the overturning of an acquittal in a Federation court is not lightly done [...] in recognition of the court's lack of precedent in this area we hereby grant leave to appeal.

[footnotes omitted]



*



"What's the problem, Major?"

"The problem." Kira hesitated. "Captain, I can't afford to defend this case any further. I need representation, and..."

"Representation?" Sisko blinked. "You mean, a lawyer?"

"Yeah." Kira nodded, unhappily.

"Federation law guarantees every criminal defendant a representative of their choice in..."

"For Federation citizens. Sir." Kira still looked unhappy.

"But surely Bajoran law guarantees counsel..."

"In Bajoran courts." Kira sighed. "And, Captain, I know it would be a long stretch to call this a work-related expense. It wasn't a firefight or an away mission. I killed him in a fight at Quark's. I acknowledge that. And I've never asked you for help in a personal matter before. But..." She paused. "I need help now."

Sisko nodded. "I understand."


*


Ferengi Rule of Acquisition #46: The bigger the smile, the sharper the knife.


*



"So you understand," Sisko finished, "the delicacy of the situation."

"It's a very delicate situation," Quark said, "but I don't see what it has to do with me."

"The murder took place in your bar, Quark. That's never a good omen for an establishment. Not to mention the paperwork, the investigation, the enforced closure..."

"The enforced closure," Quark repeated.

"So the appropriate reports can be filed. And there's always the chance the investigation could turn up something… unfortunate. Such as, for example, contraband..."

"Captain Sisko, I resent that implication."

"On the other hand," Sisko continued, smoothly, "if it turns out Major Kira's acquittal is upheld, and there has been no murder but merely an unfortunate accident..."

"Captain," Quark said, "this is extortion."

"Yes," Sisko said, "yes, it is. I'm so glad we understand one another. Good evening."


*


UNITED FEDERATION OF PLANETS V. KIRA NERYS
Supreme Court of the Federation [2364] UFP 178


Chief Justice T'Lei of Vulcan for the majority, joined by Justice Ki'jhanna ch'Thane of Andoria and Justice Fionn of Betazed.

[Justice 1723-833a took no part in the consideration and discussion of this case.]

The facts of this case are as follows. The petitioner, Major Kira Nerys, stands accused of murder. On the fourteenth day of April this year, she stabbed a Klingon man, Kron of the House of Duras, in a bar brawl on the Bajoran space station known as Deep Space Nine. We take these facts to be settled.

* * *

The identification of the central issue has, we feel, been elided in the appellate consideration of this case. The respondent is an officer of the Bajoran militia serving on a Federation space station. We make strict demands of the respondent in her daily life. She does not commit fraud, she does not cheat, she does not steal; when her captain addresses her, she calls him "sir". She follows Starfleet's directives. Were she to enter a contract on board the station, we would demand her performance; were she to be named executor of a will, we would demand she sought probate.

It is clear to this court that the petitioner is subject to the penalties of Federation law. Is she, therefore, subject to its protection? She has been tried under Federation law and found not guilty by twelve of her peers. The Klingon Empire asserts that she may be tried once more under Klingon law, or perhaps Bajoran law, where the justification of self-defence is differently formed. It is settled law that personal jurisdiction follows our citizens wherever they may go: that they may be tried for murder whether that murder takes place on the most distant colony moon, in
terra nullius, or on the Klingon homeworld, or here in the Supreme Court's chamber. Were a Federation citizen accused of murder on Deep Space Nine, a trial would swiftly follow.

Kira Nerys has been tried for murder on Deep Space Nine. Her prosecutor has been found wanting. It is the unanimous decision of this court that the rights and freedoms granted by the Federation Constitution are granted to Kira Nerys. She may not be prosecuted for the same offence once again. The trial court's decision stands.

Affirmed.

[footnotes omitted]


Justice Chattopadhyaya of Earth, concurring.

I grant the Court's conclusion that the Bajoran petitioner is subject to the Federation Constitution, and merely wish to emphasise that this opinion stands without prejudice to the Bajoran petition of accession to the United Federation of Planets.


*


"Here's what I don't understand," Sisko said. It was early morning in the replimat and they were nursing raktajinos before the alpha shift in Ops. "I've done some research. Kron was a known dissident and violent criminal."

"Is that right?" Kira said, and took another sip of her drink.

Sisko nodded. "He'd killed a militia officer on an outpost out towards the Neutral Zone, and he'd been known to be smuggling weapons to the Maquis for profit. The Bajorans had sent us a specific notice of apprehension for him."

"That's interesting," Kira said.

"And I looked at the duty logs." Sisko set down his mug. "You were on duty the night he was killed in the bar."

Kira shrugged. "So what?"

"So here’s what I don't understand." Sisko set down his mug. "You weren't in the bar to drink. You were there to stake it out for any sign of him. He recognised you. When he came at you with that knife, you killed him in the course of your duty as an officer of the Bajoran militia. This wasn't a murder. It was an assignment that turned sour."

"That's possible," Kira said.

"And he's gotten older and more bombastic," Sisko said, thoughtfully, "but I could almost swear that our friend Karan, when he was a young Klingon warrior, used to go drinking with Dax."

"She does have a lot of Klingon friends," Kira said.

"Kira!" Sisko stared at her. "Why did you let yourself be tried by Federation civilian courts when you didn't have to be? When you could have been shipped to a Federation penal colony for the rest of your life?"

Kira shrugged again. "It seemed like the thing to do."


*


[Criminal Activities Report, Deep Space Nine, week beginning stardate 49752, compiled by Security Chief Odo, excerpt.]

2100. Noise reports from section 28 gamma of the Habitat Ring. Entered to find Li Adoral with noticeable bruising around her neck and wrists. Took down report detailing violence of Li Kalen, following which he was taken into custody. Asked if she intended to press charges; she replied in the affirmative, invoking her right to Federation counsel under principle of
UFP v Kira Nerys. Made appropriate arrangements.

Otherwise a quiet night.


end.
Page 1 of 2 << [1] [2] >>

on 2011-02-28 03:13 pm (UTC)
juliekarasik: (Default)
Posted by [personal profile] juliekarasik
Oh, this is *beautiful*.

on 2011-02-28 03:49 pm (UTC)
anotherusedpage: (Default)
Posted by [personal profile] anotherusedpage
Oh you you've made me cry. Again. The structure of this is gorgeous, I love love love love the legal writing and the motivations and the bravery. And and and legal direct action, through the courts, to acquire civil rights. It's just beautiful. Thankyou.

PS - I can't remember who linked me this one in the first place, it might well have been you or someone on your flist, but I thought I'd link it to you anyway cos if you've read it before you might enjoy being reminded of it: http://archiveofourown.org/works/109558/chapters/151674

(no subject)

Posted by [personal profile] anotherusedpage - on 2011-02-28 08:34 pm (UTC) - Expand

(no subject)

Posted by [personal profile] anotherusedpage - on 2011-02-28 08:46 pm (UTC) - Expand

(no subject)

Posted by [personal profile] anotherusedpage - on 2011-03-01 01:23 am (UTC) - Expand

on 2011-02-28 05:53 pm (UTC)
carmilla: (Default)
Posted by [personal profile] carmilla
Oh, oh this is AMAZING. Will try to come up with a more coherent comment when I'm less sleep-deprived, but in the meantime: <33333333333

on 2011-02-28 06:05 pm (UTC)
gavagai: A woman reading a story, grinning and flapping her hands excitedly (dax booksquee)
Posted by [personal profile] gavagai
"Major," Sisko said. "When one of my officers doesn't turn up for work in the morning because, and I quote from your message, 'have been arrested for murder', I begin to wonder if it will be a sub-optimal day."
Oh, Sisko.

"Uh, literally it means "the one who is the sniffer of skulls,'" Dax said, a little uncomfortably. "A more idiomatic translation would be, uh. Attorney-general."
Oh, Klingons.


"Captain," Quark said, "this is extortion."

"Yes," Sisko said, "yes, it is. I'm so glad we understand one another. Good evening."
OH, SISKO.

This works so well! And the ending has a punch I never anticipated.

(no subject)

Posted by [personal profile] gavagai - on 2011-03-01 10:38 am (UTC) - Expand

on 2011-02-28 06:38 pm (UTC)
rhivolution: band tour shirt showing Captain Picard with a guitar. Text is 'Darmok and Jalad at Tanagra September 1991' (language geek: TANAGRA '91!)
Posted by [personal profile] rhivolution
I love this sort of meta-y worldbuilding look at Trek, and Kira, too...lovely!

on 2011-02-28 10:18 pm (UTC)
beccaelizabeth: my Watcher tattoo in blue, plus Be in red Buffy style font (Default)
Posted by [personal profile] beccaelizabeth
this is shiny.

there are many ways to be a hero.

on 2011-03-01 01:55 am (UTC)
livrelibre: DW barcode (Default)
Posted by [personal profile] livrelibre
That is awesome! I do have to watch DS9.

on 2011-03-02 02:43 am (UTC)
eponymous_rose: (DS9)
Posted by [personal profile] eponymous_rose
This is great! I love the legal worldbuilding you've done here, and the ending is just fantastic.

on 2011-03-08 09:36 pm (UTC)
happydork: A graph-theoretic tree in the shape of a dog, with the caption "Tree (with bark)" (Default)
Posted by [personal profile] happydork
How wonderful and clever and moving! I really liked this.

on 2011-03-31 09:37 pm (UTC)
eruthros: ST: TOS, Spock holding a kitten (ST: TOS - Spock and kitten)
Posted by [personal profile] eruthros
Oh! This is lovely - I really enjoyed it.

on 2011-02-28 06:15 pm (UTC)
Posted by [identity profile] janne.livejournal.com
Heeheehee! Loved the ending. Though I'm with the klingons, should have been a bajoran court on a bajoran space station -- Wasn't that what happened when Dax was accused of murder? Then again, poetic license :)

on 2011-02-28 07:44 pm (UTC)
Posted by [identity profile] loneraven.livejournal.com
POETIC LICENCE. *nods* Also "Dax" and "Measure of a Man", the episodes where we are told that even when dealing with issues of major, groundbreaking, constitutional importance Starfleet somehow has NO LAWYERS AT ALL.

Thanks for reading! :P

on 2011-02-28 07:11 pm (UTC)
Posted by [identity profile] sophia-gratia.livejournal.com
YES! Kira the roundabout legal activist! This piece takes brilliant advantage of beautifully in-character cunning – too often Kira is depicted in fic as a blunt instrument, but here you pick up on the nuance of her unorthodox approach to the world. Just fantastic.

Love the documentary, archival tone, too – especially, of course, the ending.

Just excellent, all around. Thank you!

on 2011-02-28 07:43 pm (UTC)
Posted by [identity profile] loneraven.livejournal.com
Thank you so much! I'm really glad you liked this. I utterly adore Kira, and what about her childhood ever taught her that you get what you want through the usual channels? Thank you for reading. :)

on 2011-02-28 09:38 pm (UTC)
Posted by [identity profile] nayela.livejournal.com
This made me grin hugely, loved the ending especially. Rock on!

(I found this fic via where_no_woman, in case you were wondering. ^^)

on 2011-03-02 03:49 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Hurray! Thank you!

on 2011-02-28 10:31 pm (UTC)
Posted by [identity profile] greek-jester.livejournal.com
I finished the last paragraph with a whacking great grin plastered across my face. That's the guerrilla-raised, come-at-it-sideways Kira that I've been missing in DS9 fanfic!

A lot of writers keep forgetting that a resistance fighter very rarely faces problems head-on, as they're usually outmanned & outgunned. Guile is a Very Important skill, & Kira was pretty high up in the Resistance for someone so young, so she must have been very good at it. Thank you for introducing me to her again.

on 2011-03-02 03:49 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
And thank you for reading! So glad you liked it.

on 2011-02-28 11:17 pm (UTC)
Posted by [identity profile] gamesiplay.livejournal.com
*checks* Yep, still the best. EVER.

on 2011-03-02 03:50 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
<333 Miraculous name-changing Klingon aside.

on 2011-02-28 11:51 pm (UTC)
Posted by [identity profile] ofparsnip.livejournal.com
This is fantastically lovely, especially the ending. Kira is so awesome. I adore her so much, and I love the way you've brought out those qualities so well.

on 2011-03-02 03:50 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Thank you so much. :)

on 2011-03-01 01:04 am (UTC)
Posted by [identity profile] thistlerose.livejournal.com
This was a very interesting piece - and I mean that in the best possible way. I really like the way you expanded on what we know of Trek's legal procedures. And the interplay, especially between Sisko and Kira, and Sisko and Quark, was delightful.

on 2011-03-02 03:50 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Thank you so much, my dear. :)

on 2011-03-01 07:37 am (UTC)
Posted by [identity profile] dormouse-in-tea.livejournal.com
This fic makes me DEEPLY HAPPY.

on 2011-03-02 03:53 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Yaaay! I am so glad.

on 2011-03-01 07:49 am (UTC)
Posted by [identity profile] meddow.livejournal.com
This is wonderful! I love the twist at the end, so wonderfully Kira. And I think the way you've written it - with little snippets of conversations and legal decisions, legislation etc all drawn together to form the narrative - is brilliant.

on 2011-03-02 03:53 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Thank you very much! :)

on 2011-03-01 04:25 pm (UTC)
Posted by [identity profile] solo-by-choice.livejournal.com
Aw Kira. You go, Kira! Love the realization at the ending.

on 2011-03-02 03:53 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Yay! Thanks for reading. :)

on 2011-03-01 09:18 pm (UTC)
tau_sigma: (Default)
Posted by [personal profile] tau_sigma
I love this very much. I don't think I can express HOW MUCH. The Federation, and lawyers. And extortion of Quark, and oh, everything. Oh. You are SO GREAT.

on 2011-03-02 03:54 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
*grins* So glad you liked it, my dear.

on 2011-03-03 01:24 am (UTC)
Posted by [identity profile] curuchamion.livejournal.com
EEEEEEEEEEEE!!! I am quite incoherent at the awesome of this. (Recced here by [livejournal.com profile] eponymous_rose.)

on 2011-03-04 01:10 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Thank you very much!

on 2011-03-03 04:05 am (UTC)
Posted by [identity profile] chesari.livejournal.com
AWESOME. Go Kira! :D This fic is just perfect - the premise is brilliant, the twist ending is great (and I for one didn't see it coming), all the characters are very much themselves, and the moments of humor are very, very funny. "Sniffer of skulls" for Attorney General, hee! :D

on 2011-03-04 01:10 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Thank you very much! So glad you liked it.

on 2011-03-03 04:12 am (UTC)
neveralarch: (Default)
Posted by [personal profile] neveralarch
Oh, I really like this. I was having trouble following a bit in the middle (I blame my resistance to legalism) but the ending was perfect and slotted all of it into place for me.

on 2011-03-04 01:12 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Thank you very much! I'm really glad the end sorted out the middle; I was a bit unsure about how technical it should be!

on 2011-03-03 02:28 pm (UTC)
Posted by [identity profile] cosmic-llin.livejournal.com
Ahhhh, this is terrific!

on 2011-03-04 01:12 am (UTC)
Posted by [identity profile] loneraven.livejournal.com
Thank you so much!
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