History Recap / StarTrekTheNextGenerationS2E9TheMeasureOfAMan

* ArtisticLicenseLaw: Data's summary trial violates many tenets of widely held, real-world legal ethics, not the least of which is a personal friend of the defendant being pressed to serve as his prosecutor.

* TheMainCharactersDoEverything: Despite the major conflict of interest, Riker serves as the ''prosecution'', instead one of the numerous Starfleet officers that aren't currently serving on board the Enterprise.

* ArtisticLicenseLaw: Data's summary trial violates many tenants of widely held, real-world legal ethics, not the least of which is a personal friend of the defendant being pressed to serve as his prosecutor.

* DevilsAdvocate: A scientist wants to disassemble Data for study, and Data refuses as a sentient being. A hearing is held to determine whether Data is sentient. Picard is Data's defense counsel, and Riker is appointed as the prosecution -- so he has to argue that Data isn't sentient. He risks summary judgement against Data if he slacks off on the job. Riker feels guilty about doing it, but Data is grateful -- or anyway as grateful as an android who [[TinMan allegedly]] has no emotions can be -- since if Riker had refused to do it, they would have decided against Data (for if he isn't a sapient being, he lacks the right to bodily autonomy; such are the rules of procedure in the 24th century), and he is at least intellectually, if not empathetically, aware that doing it caused Riker great emotional pain.

** The show is still a little sketchy on the economics of the Federation. While the season one finale established that humanity no longer prizes the acquisition of wealth, it's later established that money literally doesn't exist in the Federation. This makes it weird for Louvois's RunningGag of who pays for their dinner (but there are still credits, which they might use to "pay" for things-it isn't clear how this works though).

* PunctuatedForEmphasis: "Your Honor, Starfleet was ''founded'' to seek out new life. Well, '''There! It! Sits!'''"

* DevilsAdvocate: A scientist wants to disassemble Data for study, and Data refuses as a sentient being. A hearing is held to determine whether Data is sentient. Picard is Data's defense counsel, and Riker is appointed as the prosecution--so he has to argue that Data isn't sentient. He risks summary judgement against Data if he slacks off on the job. Riker feels guilty about doing it, but Data is grateful--or anyway as grateful as an android who allegedly has no emotions can be--since if Riker had refused to do it, they would have decided against Data (for if he isn't a sentient being, he lacks the right to bodily autonomy; such are the rules of procedure in the 24th century), and he is at least intellectually, if not empathetically, aware that doing it caused Riker great emotional pain.

** The show is still a little sketchy on the economics of the Federation. While the season one finale established that humanity no longer prizes the acquisition of wealth, it's later established that money literally doesn't exist in the Federation. This makes it weird for Louvois's RunningGag of who pays for their dinner.
** While giving her ruling, Louvois says that the "basic issue" for whether Data is a person is whether he has "a soul." While neither of these comments from Louvois is necessarily literal, later seasons would establish that Federation society no longer believes in the supernatural in the first place.

* ArtisticLicenseLaw: While Federation law is fictional to begin with, there are a few aspects to it that would puzzle any legal expert.
** As awesome as Picard's speech is, he's mostly addressing the ramifications of Data type androids being treated as machines if they are indeed sentient. Ultimately he's arguing "this is why this is bad if I'm right", which is basically irrelevant (or trivially stipulated).
** For RuleOfDrama, there seems to be no regard for conflicts of interest in Federation law. Riker has to serve as prosecutor despite making it clear that he is extremely biased in the ''opposite'' direction. Meanwhile, Louvois never even addresses the appropriateness of judging a trial where her love interest is serving as the defense counsel. One would think that Maddox could appeal on the grounds that the trial was doubly biased against him from the start.
** Picard calls Maddox "as a hostile witness," doing this before Maddox has given any testimony, much less testimony that would characterize him as hostile. Further, you would think that if the attorneys could summarily declare witnesses hostile when being questioned against their interests, Riker would have called Data as a hostile witness to use every tool at his disposal as required.
** By the episode's own admission, the Federation had already officially confirmed that Data is a life form and able to serve as an officer in Starfleet, yet here, a random JAG officer on a distant space station feels confident to reverse that decision on her own authority. Any normal legal system would require a higher court to reverse a previous ruling.
** Picard and Riker both make arguments while they're supposed to be questioning witnesses. Picard also begins questioning Data in the middle of Maddox's testimony. Neither of these actions would fly in most real legal systems.
** The matters of law here should have been decided in a civil court, rather than a Starfleet one.

* MoralDissonance: It is not just Data's career with Starfleet that is at issue here, but rather his rights as a sentient being! Yet this matter is not being decided by a Federation civilian court, but rather by a Starfleet JAG officer. Most civilized societies in the real world would hold that there is a legal conflict of interest in Starfleet being asked to decide whether or not something is its own property, especially when that something is sentient. This kind of issue usually isn't under the jurisdiction of military courts either, as they generally only hear criminal cases involving service members, which clearly doesn't apply here.

* WhamLine: The climax of Guinan gently [[BreakThemByTalking Breaking Picard by Talking]].
-->'''Guinan:''' Whole generations... of [[WhatMeasureIsANonHuman disposable people]].\\

** While giving her ruling, Louvois says that the "basic issue" for whether Data is a person is whether he has "a soul." Later seasons would establish that Federation society no longer believes in the supernatural.
*** Neither of these comments from Louvois is necessarily literal.

* DevilsAdvocate: A scientist wants to disassemble Data for study, and Data refuses as a sentient being. A hearing is held to determine whether Data is sentient. Picard is Data's defense counsel, and Riker is appointed as the prosecution--so he has to argue that Data isn't sentient. He risks summary judgement against Data if he slacks off on the job. Riker feels guilty about doing it, but Data is grateful--or anyway as grateful as an android who allegedly has no emotions can be--since if Riker had refused to do it, they would have decided against Data (for if he isn't a sentient being, he lacks the right to bodily autonomy; such are the rules of procedure in the 24th century).

* AsYouKnow: Nakamura points out Picard knows there's been "disturbing news" on both sides of the Neutral Zone. He's referring to the missing colonies as mentioned in "The Neutral Zone." We don't find out it is the Borg taking the colonies until "Q Who."

'''Picard:''' ''[horrified]'' You're talking about slavery.

* Admiral Nakamura mentions the "disturbing news" from both sides of the Neutral Zone, as mentioned in "The Neutral Zone."

In court, Picard dismisses Riker's arguments about the properties of Data's physical construction as irrelevant. He goes on to argue that Data ''does'' have sentience by Maddox's own definitions. Sentice makes Data a legal person who thus cannot be property. Further, he argues that creating a legion of Datas for use as a labor force would be tantamount to Federation-sanctioned slavery, a profound affront to its most basic ideals. Convinced, Louvois decides to rule in favor of Data. Free to choose his own destiny, Data remains in Starfleet and officially refuses to participate in the procedure. Now questioning his beliefs, Maddox rescinds Data's transfer and allows him to return to the ''Enterprise''. Data encourages him to continue his work. Back onboard the ship, Data alleviates Riker's guilt for his part in the trial by noting that Riker only [[IDidWhatIHadToDo did what he had to do]] to ensure that Data got the chance to achieve his freedom.

* CallBack: Data calls back to his poker game and failed understanding of bluffing to counter Maddox's assertions that his procedure will do no harm. Data counters that, just as the game of poker is more than its rules, Data is more than the information in his brain.

** Picard calls Maddox "as a hostile witness," doing this before Maddox has given any testimony, much less testimony that would characterize him as hostile. At any rate, Picard never actually treats him as a hostile witness by asking leading questions. Further, you would think that if the attorneys could summarily declare witnesses hostile when being questioned against their interests, Riker would have called Data as a hostile witness to use every tool at his disposal as required.

** Data is also quick to forgive Maddox after the trial and encourages him to continue his research. A fair response, considering Maddox is sporting about his defeat, and seems to have had a minor HeelRealization after Picard's speech as well.

* CharacterizationMarchesOn: The Federation that was on the verge of declaring its own Starfleet officer as having no rights is the same government that was [[Recap/StarTrekTheNextGenerationS1E6LonelyAmongUs previously established]] as refusing to raise livestock on the grounds that they would be "enslaving" animals for food.

Maddox was the only member of a Starfleet board to oppose Data's admission, out of [[JustAMachine his insistence that robots aren't alive]]. However, now he's interested in learning Data's secrets, determined to use him as a template to build more androids like him for manual labor and use in dangerous situations. Picard and Data are intrigued by Maddox's work, but once Maddox explains his plans in detail, they realize that his understanding of cybernetics is still spot, and his plans will likely kill Data. Picard refuses to allow it, but Maddox is prepared for this eventuality and whips up transfer orders that go beyond Picard's ability to refuse.

In court, Picard counters Riker's arguments by asserting that the properties of Data's physical construction are not relevant and that Data ''does'' have sentience by Maddox's own definitions. These are marks of a legal person who thus cannot be property. Further, he argues that creating a legion of Datas for labor use would bring be tantamount to Federation-sanctioned slavery, a profound affront to its most basic ideals. Convinced, Louvois decides to rule in favor of Data. Free to choose his own destiny, Data remains in Starfleet and officially refuses to participate in the procedure. Now questioning his beliefs, Maddox rescinds Data's transfer and allows him to return to the ''Enterprise''. Data encourages him to continue his work. Back onboard the ship, Data alleviates Riker's guilt for his part in the trial by noting that Riker only [[IDidWhatIHadToDo did what he had to do]] to ensure that Data got the chance to achieve his freedom.

* CallBack:
** Data's hologram of Tasha is a callback to her funeral in "[[Recap/StarTrekTheNextGenerationS1E22SkinOfEvil Skin of Evil]]." Data also recalls the time that he and Tasha did the nasty in "[[Recap/StarTrekTheNextGenerationS1E2TheNakedNow The Naked Now]]."
** In "[[Recap/StarTrekTheNextGenerationS1E1EncounterAtFarpoint Encounter at Farpoint]]," when he first met Data, Riker called him "Pinocchio" after he said his dream was to be human. Here, he calls him that again after turning Data off.
-->'''Riker:''' Pinocchio is broken; its strings have been cut.
** Within the episode, Data calls back to his poker game and failed understanding of bluffing to counter Maddox's assertions that his procedure will do no harm. Data counters that, just as the game of poker is more than its rules, Data is more than the information in his brain.