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Thursday, May 30, 2019

How to argue for personhood in the 24th century

[VIDEO] This video features the legal drama contained within "The Measure of a Man" which was an episode of Star Trek: The Next Generation airing during that programs 2nd season. Unfortunately this wasn't an episode I caught on it's first airing years ago since I only started watching TNG during season 6. This episode I only saw in reruns during the week tuning in to WPWR Power 50 here in Chicago.

The plot of this episode is basically a request from Starfleet Medical to acquire the Enterprise's Ops Officer Lt. Cmdr Data for the purposes of scientific study by a Cmdr. Bruce Maddox. Ultimately a hearing is convened by a Starfleet JAG to determine whether or not Data is the property of the Starfleet service and thus can choose to not subject himself to Cmdr. Maddox's experiments.

So this YouTube channel Legal Eagle examines the legal ramifications of this episode. I accept most of what you see in the scenes leading up to that fateful hearing where Data is determined to not be property of Starfleet and can choose not to be subjected to experiments. I wish I got the name of the lawyer who examined this episode in the above video.

It's fascinating to see the research done hear especially the principles we currently know about various rulings with regards to individual rights. He notes as the Dred Scott ruling as a precedent that could relate to Data's case. Dred Scott was a slave who moved to a free territory and was sent back to a slave state and then tried to sue claiming he was free only for his case to go to the SCOTUS (Supreme Court of the United States) and it was determined that free or enslaved Black Americans aren't US citizens and thus aren't entitled to the rights thereof.

Examinations. As you will see in the above clip Cmdr. William Riker was forced to advocate against Data as his next most senior officer (something dinged by this attorney in his analysis). He takes Data's arm as a form of an examination. It was noted that something similar was done in the OJ Simpson case with that glove that didn't fit. Even with a clip of the late Johnnie Cochran declaring that "If the glove don't fit, you must acquit".

Basically, I agree that this episode is mostly dramatic with a few really good examples of good procedure (while also noting bad procedure). I really like how he broke down the various arguments both good and bad. I wondered if the legal system of the 24th century would be very different from the legal system of the 21th century. Although it cool to see that some of the arguments and procedures seen here could actually work in today's courtrooms.

BTW, how appropriate that we're talking about this episode of TNG when the Captain Jean-Luc Picard of the USS Enterprise will return with his own series to be streamed on CBS All-Access later this year. Who knows what adventures await the elderly and retired legendary Starfleet Captain.

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