“The Measure of a Man”
Written by Melinda M. Snodgrass
Directed by Robert Scheerer
Season 2, Episode 9
Production episode 40272-135
Original air date: February 13, 1989
Stardate: 42523.7
Captain’s Log: The Enterprise arrives at Starbase 173 for crew rotation, dropping off of experiment modules, and general relaxation. Riker hosts a poker game that includes Data, O’Brien, La Forge, and Pulaski, while Picard comes across Phillipa Louvoix, who has started up a Judge Advocate General office on the newly established starbase.
Picard then meets up with Admiral Nakamura who introduces Picard to Commander Bruce Maddox. Maddox claims to have constructed a positronic brain, and wishes to disassemble Data and study him. Or, rather, study “it”—for almost the entire episode, Maddox refers to Data with that pronoun. Maddox was the one member of the committee who approved Data’s application to Starfleet Academy who voted against allowing him in on the grounds that he was not sentient.
Starfleet Command has transferred Data to Maddox’s command on the starbase. Not wishing to submit himself to the procedure, or to Maddox, Data resigns. Maddox claims that Data cannot resign, as he is the property of Starfleet.
Louvoix finds legal precedent that supports Maddox, and rules that Data is indeed Starfleet property. Picard challenges the ruling, but as this is a brand-new JAG office, Louvoix has no staff. Picard and Riker must serve as defendant and prosecutor, respectively—which means that Riker has to prove that Data’s not sentient, something he doesn’t even believe.
However, when the hearing starts, Riker does his job. He has Data bend steel in his bare hands (sadly, he does not change the course of mighty rivers), he removes Data’s forearm, and then finally he turns Data off.
Picard counters by asking Data about the items he packed when he thought he was leaving the Enterprise, establishing a pattern of human behavior—sentiment, memory, and so forth.
Then he calls Maddox to the stand, mentioning that he does not believe that Data is sentient. Picard asks Maddox to define sentience—his response is intelligence, self-awareness, and consciousness. In short order, Picard proves the first two. Maddox goes on to say that he intends to create “hundreds” of androids like Data, at which point they become a race. The question becomes then, how will humanity treat this race, this product of their genius? And what if Data also has consciousness, in even the smallest degree?
Louvoix says that they’re dancing around the big question: does Data have a soul? She has no idea if he does; she has no idea if she herself does. But he should be able to find out for himself, and so she rules that he has the right to choose. Data formally declines Maddox’s procedure, Maddox says he’ll cancel the transfer, Data asks him to continue his work and stay in touch in case his work actually becomes productive, Maddox calls him remarkable, and Louvoix points out that he finally stopped calling Data “it.”
Can’t We Just Reverse The Polarity?: Apparently, if you don’t know how to maintain the electron resistance across the neural filaments of a positronic brain, you can’t make one. Learn something new every day.
If I Only Had a Brain…: Data plays his first poker game, and is bluffed by Riker. He then has to fight for his rights, starting with Picard. When the captain points out the potential value of Data being experimented upon, Data asks why all officers aren’t required to remove their eyes and replace them with VISORs, since La Forge’s vision is superior to humans’.
Data has been awarded a Starfleet Decoration for Valor and Gallantry, the Medal of Honor with Cluster, the Legion of Honor, and the Star Cross.
His off-switch, established in “Datalore,” is discovered by Riker (who smiles when he first sees it, and then frowns when he realizes how much it helps his argument).
No Sex, Please, We’re Starfleet: Data keeps a holograph of Tasha Yar, from the time they were intimate in “The Naked Now.” Louvoix’s expression upon realizing that Data is fully functional is classic.
Speaking of Louvoix, the sexual tension between her and Picard is thick enough to cut with a knife.
Syntheholics Anonymous: Guinan helps Picard realize that they’re not really talking about Data—and any other androids Maddox might create as a result of studying Data—being property, they’re talking about them being slaves.
Welcome Aboard: Several truly excellent guest stars in this one, from small—Clyde Kustatsu as a no-nonsense admiral, and Colm Meaney returning as O’Brien—to large—the delightful Amanda McBroom as Louvoix and the snotty Brian Brophy as Maddox.
I Believe I Said That: “It brings a sense of order and stability to my universe that you’re still a pompous ass.”
Louvoix upon being reunited with Picard.
Trivial matters: Data would continue to stay in touch with Maddox—the episode “Data’s Day” will consist of a letter to Maddox describing a day in his life.
In your humble rewatcher’s post-Star Trek: Nemesis novel Articles of the Federation, Maddox is on the other side of the argument, as he defends B-4’s right not to be disassembled before the Federation Council.
Data and Picard will again have to defend android rights when Data creates a daughter, Lal, in “The Offspring.”
The Stargazer court-martial referenced by Picard and Louvoix throughout the episode is dramatized in Christopher L. Bennett’s novel The Buried Age, which covers Picard’s life between the loss of the Stargazer and the launch of the Enterprise.
Admiral Nakamura will return in the episodes “Phantasms” and “All Good Things…” and would feature heavily in the A Time to… nine-book series by various authors (including myself) and make a brief appearance in the Destiny trilogy by David Mack.
Two other additions to the Trek universe in this episode: The poker game we see in the teaser becomes a recurring event, all the way to the final scene of the final episode. And we get the first of many mentions of the Daystrom Institute, named for Richard Daystrom, from the original series’ “The Ultimate Computer.”
This is the first of a great many episodes written by Melinda M. Snodgrass, who would go on to become a story editor and an executive script consultant for the show.
Make It So: “You wanted a chance to make law—well, here it is, make it a good one.” Quite simply one of Trek‘s finest hours. Picard sums it up best during the hearing when he mentions that Starfleet was created to seek out new life, “well, there it sits!” I described “A Matter of Honor” as Star Trek at its Star Trekkiest, but that applies even more so here, as it’s an exploration of the human condition, and a fight for human rights, for all that the person making the fight isn’t actually human. But then, that has been how Trek has traditionally used its nonhuman characters, from Spock to Data to Odo to Seven of Nine to T’Pol.
Ironically, given writer Snodgrass’s legal background, the episode’s sole flaw is the procedure in the hearing. Picard isn’t given the chance to cross examine Data, Riker isn’t given the chance to cross examine Maddox, and Riker never gets to make closing arguments.
But that’s a minor nit in an otherwise brilliant piece that includes some classic scenes: the first of many poker games, Data’s going away party, every spark-filled scene with Picard and Louvoix, both Riker and Picard’s presentations during the hearing, and especially the Ten-Forward scene where Guinan shines a light on the true stakes of this hearing to Picard.
Warp factor rating: 9
Keith R.A. DeCandido really enjoyed writing an older, wiser Bruce Maddox in Articles of the Federation, because he really was a putz in this episode. That is but one of his many pieces of Star Trek fiction. His latest books include the fantastical police procedurals Unicorn Precinct and SCPD: The Case of the Claw. He’s working on sequels to both books for 2012 release: Goblin Precinct and SCPD: Avenging Amethyst. For more about Keith, go to his web site, from which you can order his latest books, and check out his blog, his Facebook page, and his Twitter feed, not to mention his twice-monthly podcast Dead Kitchen Radio.
Another legal glitch in the episode — one that gave me a lot of trouble trying to justify in writing The Buried Age — was the claim that a court-martial is standard procedure when a ship is lost. Actually the standard procedure is a preliminary investigation to determine whether a court-martial is warranted, as with Commodore Stone’s investigation in the first act of TOS: “Court-martial.”
Still, legal glitches are a tradition of TV legal dramas, and this is still a fine episode. “Prove to the court that I am sentient.” I love it. And I love seeing Patrick Stewart drop his “noble captain” mode and adopt a more barrister-ish persona. At times I can practically envision him in black robes and a powdered wig, especially when he says “He seems reasonably self-aware to me.”
This is one of the great episodes of TNG. I really enjoyed watching it then and again. Guinan opening Picards eyes to the Federation creating a race of slaves really was a great scene.
I love this episode. It always stood out to me as one of Frakes’ finest hours as Riker, being forced to do something he doesn’t want to do and doesn’t believe in, but doing it exceptionally well.
This really is one of the best episodes of the whole run. This and the previous episode were when I finally decided that TNG could turn out OK. It really is everything Star Trek aspired to be.
The only problem I had with it is that it seems to me that Starfleet had long since already decided the Data was sentient. After all, they had given him a comission and promoted him. I don’t think they would have done that if they didn’t think Data was a person. I always had a sneaking suspicion that Maddox hadn’t been entirely honest with his superiors about his intentions.
As I understand it, a JAGMAN investigation would be initiated to find out the preliminary facts of the case. From there, the matter would proceed to an Article 31 hearing, which determines whether or not there is evidence enough to refer the case to a general court martial.
One thing I enjoyed about Snodgrass’s writing was how much more “human” her dialog was. It was a nice break from some of the more stilted stuff we got out of some episodes!
Up until this point, I just wasn’t quite sold on Guinan (or Whoopi for that matter) – I mean, I knew she liked Star Trek and had asked Gene for a role on the show, but a mysterious bartender – shades of Spider Robinson’s Mike Callahan? and the most gawdaful pun in syndicated television “Ten-Forward”? I struggled with it until this episode.
That Ten-Forward scene is absolutely brilliant – this part gets me all the time:
***************
GUINAN: Well, consider that in the history of many worlds there have always been disposable creatures. They do the dirty work. They do the work that no one else wants to do because it’s too difficult, or to hazardous. And an army of Datas, all disposable, you don’t have to think about their welfare, you don’t think about how they feel. Whole generations of disposable people.
PICARD: You’re talking about slavery.
GUINAN: I think that’s a little harsh.
PICARD: I don’t think that’s a little harsh. I think that’s the truth. But that’s a truth we have obscured behind a comfortable, easy euphemism. Property. But that’s not the issue at all, is it?
*****************
The dialog is not extensive, but so much happens, especially below the surface: she walks him down the path to the logical conclusion but never says it herself, instead making him say the word – giving voice to private thoughts is very powerful, and she knows this. Then when he identifies it, she pulls back a bit to give him room to see if he’ll backtrack – take the easy way out by agreeing with her or take the harder path, accept the reality of the issue and express his moral repugnance. Just brilliant!
The interesting thing is, especially given Pulaski’s attitudes toward Data especially at the beginning of the season, why was she not in this episode (except for the poker game and the party, where she had maybe 5 lines, only one of which could be considered pertinent to the episode’s them)? Was this a script written pre-Pulaski and adapted? Would it have clouded the issue? Just a few things I ask myself whenever I watch this episode.
Maddox: boo
This episode: awesome. It is my most watched episode of season two and riles me up so effectively. At one point maddox compares datas resignation to the computer not allowing a refit. Phil fran author of nitpickers guide to tng put it best: “star fleet built the computer they did not build data.” If anyone can claim data that is noonian soong.
Love the tension between jag phillipa and picard.
This episode also takes place right before the giant novel metamorphosis by jean lorran. ( i hope i spelled that right) which is currently my all time fav tng novel. Its so bittersweet an i think it highlights this episodes affect on data very well.
(no offense krad.)
Did you give this a 9/10 because Pulaski is in it? If so I understand why you didn’t give it a 10.
I agree on the awesomeness of this episode. Gives me chills everytime.
The one thing that I always questioned was the quick ruling given regarding Data being the property of Starfleet. That never made sense to me for two reasons, the first of which was mentioned by DemetriosX. The second was how could he be Starfleet’s property if Starfleet didn’t actually create him. Putting aside the question of his sentience, by that rational, if I “find” a phone on the ground and turn it on it’s now mine? Not really so I can either do what is right and call the phone carrier to report the phone as found, or do what is wrong and keep or re-sell the phone. Seems to me Starfleet doesn’t generally go for the latter option.
An even better metaphor might be if I found an injured person or animal on the ground and nursed them back to health, do I now own that person or animal? Once again in both circumstances, the answer must be ‘No’ even should the being decide to stay with me of his/her own volition.
Louvoix did cite a legal precedent for Data being Starfleet’s property, but the specifics of that precedent were never explained.
And I knocked off one point for the procedural nits, the most egregious being Riker not getting a closing argument. Pulaski being in the episode isn’t enough to get that, indeed her entertaining wild-card variant in the teaser was worth her appearing in the episode alone….
—Keith R.A. DeCandido
I always thought that “The Measure of a Man” was when TNG came into its own as quality Star Trek, and my admiration for Melinda Snodgrass is huge. For me, this ep is when I stopped comparing TNG to TOS and started really taking it on its own terms. It was a story that hadn’t been done in TOS in quite this way and it started TNG on the road to being its own independent entity in the franchise, rather than TOS v2.0. The dialog with Guinan about the nature of the discussion raises the bar and, in my opinion, is what made this episode transcend merely good Star Trek; it’s great Trek in the best tradtion.
‘Where No One Has Gone Before’ and ‘A Matter Of Honor’ are both excellent, but this stands out as the finest episode of the first two seasons by a country mile – especially when Picard comes over all Atticus Finch towards the end. As with some of the other posts, the procedures of the court could stand a little scrutiny. However, it’s a small point, outweighed by fabulous performances by everybody, especially Brophy, whose indignant defence of his right to examine Data in the first act, and squirming under Picard’s withering fire in the penultimate scene, provide good book-ends to the episode.
What is there to say about this episode? It’s great. In the top 10 of
the whole Star Trek franchise, without a shadow of a doubt. This is
everything that Star Trek is and should be about in one package — seeking out new life, and exploring the human condition. “The Measure of a Man” has it all. The only episode I can think of that comes close to doing those two things in such a pure way is “The Offspring,” which could be considered this episode’s sequel in some ways.
As for nitpicking Federation legal procedure: I don’t think you can compare it to today’s courts. This is the synthesis of the courts of 150 planets. Besides that, Louvoix seems dismissive of the adversarial process in deciding cases, even though she has dedicated her life to it. It goes to figure that Federation law is very different from the American legal system, which delights in rhetoric and procedure to the point that it frequently has very little in common with justice, common sense or reality. It’s comforting to know that the Federation uses a model that’s stripped of a lot of its formal procedure. (Also, it’s very convenient for TV writers who aren’t lawyers, so it’s win-win.)
@krad: You left off the very important qualifying statement from the “you’re a pompous ass… and a damn sexy man” quote. Possibly the greatest description of Picard by anyone in the whole show!
This is the episode, I think, where the Riker-Data friendship bond and friendship (seen back at Encounter at Farpoint) ended, and the Data-Geordi Relationship had room to really get going.
This one falls somewhere in the 7-10 range with regards to my favorite TNG stories
What I like about it is, that while it is your standard court show, it is done so in a setting that is unique to the “Star Trek” world. No other TV court show, then or now, could do something like this (I’m talking about L.A. Law, Boston Legal, etc… not the reality court shows like Judge Judy). I like “The Drumhead”, but a few script changes here and there, and that could be done anywhere.
I haven’t seen this episode in a while, but I had assumed that we simply didn’t see the missing cross-examinations as it would not have made good drama. And good drama we certainly got!
The moment from this episode that always gives me chills, and really showed my Riker’s depth of character, was when he flipped Data’s power switch and says “Pinocchio is broken; his strings are cut.” Then he sits down, folds his hands in front of face, and looks like he wants to vomit. Crazy stuff.
A truly magnificent episode! Superb acting all around, amazing writing, definitely the best episode of Season 2 and in the top ten of all TNG!
I had forgotten Guinan’s scene!! Hard to believe! But seeing it now totally blew me away, and like others have said, it was a very well written and acted scene.
Thanks again for this re-watch, I’m enjoying it more than you could possibly imagine! :D
I always found Riker’s position interesting in this episode. He doesn’t just want to avoid prosecuting the case because he believes Data is sentient. He wants to avoid prosecuting the case because he believes he will win. This episode really spells out Riker’s massive ego and total need to compete. It also shows that Riker is aware of this flaw. He knows he will do his utmost to prosecute his case, and he can only just allow for the possibility that Picard might win. I think if anybody else were defending Data, Riker would have gone to prison to avoid being in that courtroom. The fact that he thinks his Captain might pull off a Hail Mary shows how much Riker has already grown.
I’ve been watching the new Battlestar Galactica series and it’s been my thought that the reason many of the humans in that series call the cylons ‘toasters’ is because the BSG writers had seen this episode (where Data is called a toaster).
If this is correct, there is more than a little irony in it.
Jamsco@20: Ron Moore of BSG got his start working on ST:TNG. The story I’ve heard is that Melinda Snodgrass, who wrote this episode, was the one who read his freelance script, recognized its quality, and passed it up the chain. Wikipedia puts a different (though not entirely contradictory) spin on it.
Also, of the proported-to-be-official episode scripts I’ve read, this one was changed the most during the final stages.
http://www.st-minutiae.com/academy/literature329/135.txt
The Guinan scene in particular was changed a great deal.
MikeS@15: I kinda have to disagree here –
If you break down what’s going on you have 1) A setup for the courtroom case that is just this side (or the other side on occasion) of the bounds of credulity; 2) questionable courtroom procedures, including audacious courtroom displays that you wouldn’t see in real courts (ie, pulling off Data’s arm and turning him off), and 3) a monologue in the 3rd act by the counsel we’re supposed to be rooting for that drives the point of that episode home followed by a monologue by the judge explaining his/her decision. Sounds like a typical David E Kelley courtroom drama to me :)
Heh, trust me, I think Kelley could come up with a setup wacky enough to justify arguing this in the courts of Rome, Wisconsin or Cincinnati, OH
Riker’s conflict of interest is rather ridiculous here. If he’s Data’s friend, emotions could weaken his case. If he sees Data as competition, he could abuse the system to get Data out of his way. But once the sides are established, it’s a great episode.
Jamsco@22:
Interesting link! Also worth comparing are Snodgrass’s original script for “The Ensigns of Command” and the final as-shot version. I think her version of the script is posted on her website.
Personally, I’ve never understood how Riker could get away with turning Data off in the middle of a court room. Since when is assaulting another officer a legal arguement? Would it be permissable for a Vulcan to use a nerve pinch to turn a human off? What about a good old-fashioned punch to the face? I’m willing to accept that maybe it’s plausible for a Starfleet court to be ruling on this in the first place, at least as the first step in what would undoubtably be string of appeals court cases that would last a decade, but as a general rule outright manhandling the defendant seems like something a court would frown upon.
“Personally, I’ve never understood how Riker could get away with turning Data off in the middle of a court room. Since when is assaulting another officer a legal arguement?”
Well, that’s kind of interesting. On the one hand, the court was there to determine if Data was a sentient being or not, and since his status was nebulous, Riker might get away with it. He was essentially arguing that he was simply turning off a computer.
On the other hand, the police in various cities and countries have given their assitance animals some kind of rank for at least a century. People have been convicted of assaulting an officer of the law when they mess with police horses or dogs, haven’t they? Though in some cities the charge is specific to interfering with or assaulting a police service animal. Anyway, few people argue that those critters are sentient, but interfering with them is a crime. So you may be right – if Riker fiddles with something/someone who has rank, then he’s assaulting an officer, even if it’s not sentient.
But I don’t think Data’s going to press charges.
On another note – in Houston about half a decade ago a prosecutor in a murder case tied her assistant to a mattress in the middle of the courtroom, straddled him, and simulated stabbing him 193 times. Interestingly, the defendent’s appeal was not based on the demonstration. Outrageous courtroom antics still happen, and they sometimes work.
I enjoyed this episode far more than I remembered enjoying it before. And Louvoix is just the right kind of sassy for Picard. He needs someone to sass him since Crusher is MIA.
My favorite bit though is during Data’s “going away” party when Wes tells Data that he’s missing the point of tearing the paper off of his gifts. As Data tears the paper in half and crumples it up, Troi smiles really big and Riker is wiping his eyes while laughing. Something about the eye-wiping made me think this may have been a third or fourth take on this scene and Brent Spiner had been winging it before. :D
It’s been said by others, but this episode ranks at or near the top of all Star Trek series. I have loved it from the first time I saw it as a younger teenager in 1989. The humanist issues raised are the epitome of Trek. Legal nits aside, the powerful performances by Stewart, Spiner, and Frakes make the episode.
The scene with Guinan and Picard as he comes to realize what is really at stake is amazing. “You’re talking about slavery.” “I think that’s a little harsh.”
The guest stars are wonderfully cast; Maddox comes off as arrogant/bigoted, but at least not as completely off base in his research as Kosinki, from “Where No One Has Gone Before.”
I wonder what krad has in mind that he is reserving his 10 for? Because I certainly think this is an episode worthy of it.
@@@@@ critter42, what’s the pun in Ten-Forward?
@Philippe13 – I guess CB Radios were more popular back then :)
ten-four good buddy :)
Ten-Forward
Unfortunately, the episode’s worst line comes at a crucial moment. Contrary to what the JAG says, intelligence, self-awareness, and consciousness are not primarily the domain of metaphysics and saints.
Forgive me for being inconsistent, but, this episode is better than The Battle and is the best of both the First and Second Season.
A lot happens in this episode. It’s a classic Courtroom drama and there is never a dull moment. We get insights into Picard, Data, and Riker. We are also confronted with profound questions that TNG was loathe to explore, unlike TOS or the movies. The episode delves into the scope of friendship, existence, and civil liberties magnificently.
One of Star Trek’s strengths (which shined in DS9) was the ability to present 20th Century conundrums in the context of the 23rd and 24th Century. I always felt though that Star Trek, especially TNG, was at times too perfect. This episode shows that in the 24th Century, there are still serious questions about the relationship of the individual and the State that are unanswered. Is Data a person? If so, does Data deserve individual rights?
I suppose if it were my episode, I would have had Captain Louvois rule against Data and have Picard take a successful appeal. But, the doings of the appellate courts are not necessarily dramatic for television. This trial certainly was.
Well said Keith.
@26. “Since when is assaulting another officer a legal arguement?”
That’s exactly the point Maddox is trying to make. It is not OK to assault an officer, but data is not an officer, he is a machine, a machine owned by starfleet. That is the whole point of the episode.
As eveeryone else has said, this is among Johnathon Frakes Finest episodes, if not his finest. Everyone in this one was incredible.
I have 2 complaints that no-one else has mention.
1. I couldn’t stand that the judge has to be an ex-flame of Picards. Everyone that keeps saying this episode really separated TNG from TOS..Really??? A legal ep where Kirk, I mean Picard, is an ex-lover of the judge, come on. And I agree there was chemistry, but every single scene these 2 teenagers were flirting was a scene that could have been dealing with data..
2. Does Starflee not have an appeals process. Looking at this from an outside point of view, Data was prosecutedby, and defended by, his friends. I could see some starfleet higher ups taking exception to the ruling!!!!
All that aside, wonderful episode, absolutely wonderful on re-watches. And god does Picard have one of the greatest lines in Star Trek history….”Our charter is to seek out new life….Well THERE IT SITS!”
I have to say, I was pretty disappointed with this (not that it’s in any way badly done, it’s very well-executed). For an episode that is ostensibly about Data’s personhood, it really doesn’t do much work to establish it. I mean, I don’t need convincing at all and I thought the case was pretty weak.
They leap too quickly and too explicitly from the story proper (Data must prove he’s a person) to the larger theme (the implications of incaution when dealing with truly new lifeforms and the possibility of enslaving a sapient race). Maybe this is partly because I care so much more about characters than plot, but it seems to me the overall thrust would have been far more powerful if they’d made a stronger case that this is an individual and dissecting him would be murder before moving on to the broader applicability that others like him would also be individuals and shouldn’t be used like tools.
The others and their enslavement are totally hypothetical; Data exists now and is in real, immediate danger. His human rights should be paramount in the discussion and need to be clearly defined before the subject can be closed. How can he have a career in Starfleet (particularly as such a high-ranking officer) when his status hasn’t been guarenteed? They didn’t even find conclusively that he’s not a thing. He therefore still has no protection or recourse if someone else decides he is and can be used like one. Or if enlisted men just don’t want to take orders from him on grounds he can’t actually be an officer if he’s just a computer.
I’m ultimately frustrated Picard didn’t hammer the point of Data’s personhood home a little more. If feels like he should have his back up on behalf of his friend, personally to a greater extent than having righteous indignation on behalf of hypothetical future android slaves. Less time on Picard’s old girlfriend, more time on this; also, more witnesses testifying. Where the hell is the rest of the senior staff during all this?
One the best episodes of anything, anywhere, ever. I realise there are legal nitpicks and soforth, but it’s the exploration of the human condition that I find so riveting in this episode. Louvoix sums it up perfectly: “We’ve all been dancing around the basic issue: does Data have a soul? I don’t know that he has. I don’t know that I have!”. For we don’t truly know how sentient we ourselves are, and we lack a precise, all encompassing definition of sentience. Even an eminent expert in cybernetics can only come up with three vague and ultimately unsatisfactory criteria. So how can we judge, and likely enslave, other life forms based on criteria that centuries of human thought are still yet to resolve? The scenes between Guinan and Picard and then Riker and Data at the end are simply brilliant.
My biggest issue with the episode is fundamental to the entire plot.
Data wants to resign from Starfleet, but is told that he can’t. Maddox argues that Data is Starfleet’s property. Data had free will to choose whether he joined Starfleet after he was discovered. He was never “forced” to join Starfleet. If he had free will to join Starfleet, why wouldn’t he have free will to resign?
It’s always hard for me to forget that, but if I can, this is an excellent episode. I saw the extended version in the theater the other day for the Blu-Ray preview, but I think they picked the right things to cut.
They have toasters in the 24th century?
JohnC: why not? Toast is yummy….
—Keith R.A. DeCandido
There is nothing I can add to discuss the inherent quality of this episode. I have a few trivial observations:
– The obvious re-use of Regula 1 (which in itself was a re-use of TMP space station), It’s quite beautiful when you see it from the observation lounge.
– The court room is very obviously the same set as the battle bridge and Data’s lab (among many other sets)
This episode is a 10.
@38: He appeared to choose to join Starfleet. But it could just have been his programming. You can see him as property who is then given the opportunity to join by the grace of his owner.
The whole point is that there is a law that says Data is Starfleet property. Only proving he is sentient would make invalidate that law. And it was something that could not be proven.
What happened here is that the judge made new law. She determined that being reasonably argued as sentient was enough to count as sentient. It was more like a Supreme Court decision.
There are laws that say that marriage is between a man and a woman. But the Supreme Court invalidated those laws. So too did this court martial.
Hence the use of the term “legal precedent.”
trlkly: Indeed. Laws are ever-changing. In fact, one of the most important features of the Constitution of the U.S. is that it’s inherently changeable. In fact, what many consider the bedrock of our Constitution — freedoms related to speech, assembly, and religion — isn’t part of the original document, it’s rather the first of the changes to it. The original document stated that dark-skinned people from Africa were only 3/5th of a person.
In Data’s case, his existence is recent and unique, so what the law says about him would be new and would need to be determined in court cases — there’s no precedent to work with, so such precedent has to be established.
—Keith R.A. DeCandido
My problem with that, Keith, and in fact, with the whole episode (however good it is), is that if Data wasn’t a person in the Federation’s eyes, why was he ever allowed to attend Starfleet Academy, and given an officer’s commission? I mean, if they wanted to use his capabilities, just assign him as equipment to a ship, and be done with it.
The Federation accepted he was a living being, he attended the Academy, and got a commission. The slightest whisper about a law making him into property should have sent all races in the Federation reeling about this. Who’s next? The Betazoids so we can harness their telepathy?
@44 Because no one put any thought into all the little steps that led to it, and no one thought to make a fuss until Maddox came along and tried to upset the applecart. We’ve all seen things in our working lives that really ought not to have made sense taken at the final point, but it was just easier day-to-day to make little changes that evolved the situation. Then someone comes in with both a fresh pair of eyes and a desire to put their own stamp on the situation and tries to make an issue out of it.
@45/Random22: But it wasn’t “all the little steps” – as we learn in the beginning of the episode, Data was evaluated when he first applied to the Academy. By allowing him to enter, the committee already ruled that he was a sentient being. How can some “Acts of Cumberland” from the 21st century change that? OK, let’s say the committee wasn’t aware of these “Acts”, and they overrule the committee’s decision. In that case, Data’s whole Starfleet career should be void, and resigning shouldn’t be a problem. Under no circumstances could he become Starfleet property.
And why is none of this relevant to the hearing? I know, because the stuff they discuss instead is much more interesting, but from an in-universe point of view, shouldn’t they reexamine the results of the committee? We never even learn what those “Acts of Cumberland” contain.
The episode has some great moments, but its premise makes no sense.
Yes, like Jana says, when Maddox first tried to declare Data Starfleet property, Starfleet JAG should’ve said “Yeah, no, dude. He’s an officer, just like you, we let him become an officer years ago, so he’s a person. This is not cool.” and there would have been no episode.
If they had thought of this from the beginning, and made Data just a piece of equipment assigned to the Enterprise, and only after this episode gave him a commission, then it would have worked.
It’s still an awesome episode, but you have to completely suspend disbelief here, and not in the “androids exist” way.
The Constitution of the United States as originally written said that a black person was only 3/5 of a person, and that only white male landowners could vote. None of those things are the case anymore in the United States. Laws change things that were believed to be set in stone — like the ability of women to vote, which wasn’t allowed in this country until 1920, which was less than a hundred years ago. The reason it wasn’t dealt with earlier is that it wasn’t challenged before — Maddox was challenging it now, but that doesn’t mean it can’t change. Laws change all the time, and as proof I point you at all the homosexual married couples and women who vote right now. This episode is exactly how codes of law work and change. No disbelief was harmed in the writing of it.
—Keith R.A. DeCandido
There’s a considerable difference between changing a law that reduces the rights someone is afforded in order to increase them, and changing one so it reduces the rights that someone has.
lordmagnusen: I agree, but the legal process is the same either way — as an example, Prohibition.
—Keith R.A. DeCandido
I don’t think Prohibition is on the same level as the fundamental rights of an individual. They’re going back on someone being a person and declaring him property. What would stop them of doing the same to the Bynars?
lordmagnusen: You’re focusing on the wrong aspect of it. First of all, morality is changeable. Slavery was justified by the Bible (just as keeping marriage between a male and a female has been). Alcohol was considered immoral enough by enough people in the U.S. that an Constitutional amendment (which is really hard to pass) was passed to ban it.
The point — what’s relevant to this discussion — is that the process by which the laws are changed are the same regardless of the perceived morality of it. Whether it’s expanding rights or curtailing them, the process by which a law is challenged and then hashed out in a court of law is the same — which is precisely what happens here.
—Keith R.A. DeCandido
I still don’t agree it’s the same. I’m not a lawyer, though, and you might have done more research into the matter than I have. I’m going to get more information regarding this issue.
I just happened to catch the last half of this episode on BBC America, and either I’m misremembering or they cut an entire scene from the end of the episode…
I distinctly remember the episode ending with a scene with Data and Riker where Riker says he doesn’t think he deserves to go to the celebration because he almost cost Data his rights, and Data points out that if Riker had done anything differently, the court would’ve ruled against Data.
That scene wasn’t there. It went straight from the end of the courtroom scene to the credits.
So, either I’m confused and that scene took place at a different point in the episode (which seems unlikely, since it really only makes sense after the ruling) or else BBC America completely cut what (to me) was one of the most powerful scenes in the episode.
cScott: That is in fact the final scene of the episode and it looks like BBCA cut it…..
—Keith R.A. DeCandido
That’s a really significant scene. I can understand that they might have to cut things (even though I don’t particularly like it), but you’d think they’d cut something less important than that.
Anyway, thanks for the reply, and love your rewatches!
“The Constitution of the United States as originally written said that a black person was only 3/5 of a person, and that only white male landowners could vote.”
The Constitution as written did not say either of those things.
The 3/5ths Compromise said persons held in a condition of bondage counted as 3/5ths for purposes of apportionment of Congressional Representatives and Presidential Electors. A free black person would have counted as a full person for those purposes.
Voting rights were determined on the state level. The original federal constitution was largely silent on the matter. Territories and states as early as 1869 had given the right to vote to women. The 19th Amendment was passed to put a national policy in place all at once.
My biggest issue with this episode is how the process of Federation law was laid out. According to Louvois, as the senior officer of the defendant’s ship, Picard defends and “as next more senior officer aboard the defendant’s ship,” Riker has to prosecute. That’s absolute nonsense. For one thing, there are conflicts of interest all over it. The defendant’s immediate superiors being responsible for defending and prosecuting is like making my supervisor prosecute me for a mistake at work and the staff supervisor defending me. The only one with any legal training in the hearing is Phillipa as the judge or hearing officer; everyone else seems to be winging it. I know it was written so Picard and Riker could be all dramatic and whatnot but it set up the idea in “Star Trek” that main characters with no legal or judicial experience at all, would be at the heart of every trial. When Worf was accused by the Klingon Empire (who was in conflict with the Federation at the time) of shooting the transport down, Sisko defended him. Conflict of interest right there. In “Death Wish,” Tuvok defended Quinn. It just doesn’t make anything resembling sense that the officers working and serving with the defendants for years on end, would be responsible for prosecuting, defending and presiding over cases involving them.
@58/SethC: I think that’s a variety of the general problem in all the later Trek shows that the same seven or eight people get to do everything.
As for the whole slavery problem — completely leaving aside the characters on the holodeck, which were shown over and over to be sentient and self-aware (though they did violate that), this is what they did with the entire run of ship’s emergency medics such as the one of Voyager — they became slaves, used in dangerous and deadly environments.
The Federation has an appalling track record on human — or sophont –rights.
@60/Liddle-Oldman: Yep. That always bothers me too.
Holodeck stories are often entertaining, and the Doctor is my favourite Voyager character, but they raise serious ethical problems.
Easy there with all the legal nitpicks: first off, this is centuries from now and the Federation will obviously not have all the legal procedure of the U.S. in the here and now. Second, even in this day and age, procedural requirements are relaxed in administrative hearings. Sure, this is a major, major issue (choosing whether to deprive someone of liberty and perhaps life) but it is still an administrative hearing, not a trial. And third, the lowest level adjudicator gets to set what is, at the very least, persuasive authority on this point of law (if not precedent-setting, depending on how the Federation legal system works) because CDR Maddox decided not to appeal.
With that out of the way, this is, quite simply, one of the best shows Star Trek ever produced.
There is not a single wasted scene: even the opening poker game — seemingly cut off from the rest of the action — added to the story arc. The moral quandary Riker is put in, in and of itself, is worth the price of admission.
And the scene between Guinan and Picard would be powerful regardless of what the actress’s race was … but is infinitely more compelling because Whoopi Goldberg is black. The fact we find out later that Guinan visited Earth in the 1800s (in Time’s Arrow) makes this scene even that more powerful from the in-Universe perspective, because we later find out that she did in fact witness an Earth society not too far removed from treating people who looked like her as property.
This is a 10/10 in my mind, for sure.
flynnbw: that excuse doesn’t fly when every issue I pointed out is something that makes the hearing less fair. That’s not “it’s the future so it’s different,” because this is a future that is more fair. That’s a flaw in the script.
—Keith R.A. DeCandido
@63: It kind of makes sense though that the Federation’s legal system would be relatively underdeveloped. A society that barely has any crime won’t have a well developed criminal justice system, and the Federation’s relative lack of corporations and private property would likewise eliminate most commercial litigation. Thus the Federation probably doesn’t have that many actual litigators or much experience at conducting contested adversarial hearings.
Family Law (and specifically child custody) is probably the only area of law in the Federation still widely practiced, and even that probably emphasizes mediation over adversarial hearings.
@64 Even in a society that has relatively little crime, you’re still probably going to have torts – negligence, malpractice, libel, etc – which require an adversarial system. Not to mention conflicts caused by differing moral customs of the various species in the Federation (of which Data’s trial would be an excellent example.) And The Federation has always been portrayed as crime-free in the center, but with the outer borders being much more of a frontier – and there’s no way they’ve eliminated crime on the frontier, even with the existence of replicators. Even if the outer colonies have their own legal structure, there has to be some sort of template the Federation uses that can be applied by the colonies.
@65: What would be the point of tort litigation in a society that has free health care (i.e. no medical bills), the ability to instantly replace most damaged property, and no real personal wealth? What would you even sue for?
And yes there undoubtedly is crime on the outer periphery of the Federation but the frontier planets are also unlikely to have much legal infrastructure in place. (Indeed that’s the whole reason why Picard and Riker are having to act as the advocates here, since this frontier starbase doesn’t have any actual lawyers on it.)
And for that matter just the fact that the Enterprise doesn’t have any JAG officers assigned to it demonstrates just how under-lawyered the Federation must be. An equivalent capital ship in the U.S. Navy today would have several JAGs assigned to it, yet the Enterprise appears to have none.
I really want to know the story behind the gift opening scene. As the part when Data rips the wrapping after removing it from the present approaches, Marina Sirtis and Wil Wheaton are already smirking quite obviously. Diana Muldaur glances at Wil trying to conceal his premature laughter, then looks away slightly grinning herself. Wil manages to briefly conceal his grin a couple of times, but as Brent Spiner rips it open, he laughs in what’s clearly a real, non-acting way, as does Sirtis. Frakes does too, mostly in reaction to the other two, it seems, as does Muldaur. Meanwhile Michael Dorn’s face is statue-still, quite miraculously. Even afterwards, Wheaton and Sirtis are still smirking and glancing at each other.
@67, As another commenter alluded to, it’s possible the actors were already smirking and restraining their laughter at Spiner’s anticipated actions from having to do multiple takes in which he did something to make them break out in hysterical fits and too far out of character.
A big disappointment for me in the blu-rays for the series (and for the most part they were really well done) was that we got ZERO commentaries from the cast. What a missed opportunity especially for classic episodes such as this one.
I love this episode, but there’s always something that bugs me about it:
I get that, in the hearing, they are essentially trying to determine if Data is a person, or property. What I don’t get is why Starfleet would think that he is THEIR property. I mean, if Data is property, then he belongs to Soong’s estate (they think he’s dead at this point, IIRC), right? They never even touch on it – I would have liked at least a throwaway line by Maddox that he thought Data was “abandonded’ property, and therefore free for the taking.
As others have said, this is a great piece of writing and acting. I love that we have Data, with his positronic brain, being challenged on his sentience in a similar way to Asimov’s Bicentennial Man. The only slight quibble I have with it is that Picard doesn’t make enough of Data’s medals. The very first one that’s listed is for valour and gallantry, qualities that a mere machine cannot have. I’d argue Starfleet had already recognised Data as a sentient being by awarding him that decoration.
As I’ve argued that if they given him a rank, then he’s not property. He’s a person.
this was touched on elsewhere… but I don’t understand why more people don’t have a problem with them deciding Data can’t resign. He was not created FOR Starfleet, he was created, then decided using his own free will to enlist in Starfleet. In what universe would that ever make him Starfleet property? It was glossed over in the episode using some vague court case as precedent, but it makes zero sense. It’s a huge plot flaw that drives me nuts but I just suspend my disbelief and can still enjoy the hell out of this episode!
Just rewatched this last night for the first time in many years. A good episode to be sure. With all the various nits being picked in the comments, I’m surprised no one has identified the most glaring and inconceivable one of all. Near the end of the episode, Picard asks Phillipa to have dinner with him, to which she replies, “You buying?” Being that it’s been at least a century since members of the Federation used money (per Star Trek IV) and Picard made it clear as recently as “Neutral Zone” that it is no longer necessary in their world to purchase material things, it makes no sense at all that a colloquialism such as “You buying?” would be used referring to a dinner date or virtually anything else. I might suggest the appropriate retort in the mid-24th century to a dinner invitation would be, “Your replicator or mine?”
We still use colloquialisms that refer to things from centuries past.
I was always curious. When Riker was doing his research for his prosecution of the case, He was happy about information on Data that he found. He immediately realized he couldn’t use it because it would be to the benefit of Data and passed it over in disappointment. What do you think he found?
Melanie: You misread the scene. The thing he found was Data’s off switch. He was happy at first because it helped his case, then he was disappointed because it helped his case. The elation was Riker as prosecutor–the disappointment was Riker as Data’s friend.
—Keith R.A. DeCandido
Just rewatched this episode tonight for the umpteenth time, and when I finished I did what I always do with Start Trek TNG, TOS, or DS9, which is immediately go to KRAD’s rewatches and read the recap and comments. This is truly a fabulous episode, but I also find it incredible that the comments section for this episode has now been going strong for SEVEN YEARS! The author should get residuals.
Quoth Steve C: “The author should get residuals.”
I LIKE THIS PLAN!!!!!!!!!!
More seriously, it warms the cockles of my heart to know that your first stop after rewatching an episode of any of those three series is to come here and read my commentary and folks’ comments. Thank you.
—Keith R.A. DeCandido
I’d never really noticed exactly what was on-screen when Riker finds out about the on-off switch, so I rewatched the scene a few times until I saw Riker find Data’s Emergency Manual Control. It also becomes clear that Data has an Oscillation Overthruster and (in the previous LCARS screen) a Kei/Yuri Submodule.
I just wanted to throw in a shout out to the excellent extended edition available on the BluRay.
Worf in particular has a moment in the going away party that just… I can’t even bring myself to spoil it by describing it here.
Also thank you krad for the best description of that shot when Riker discovered the off switch. A silent gem of a performance from Frakes there.
Whether Snodgrass purposefully bent the rules of legal proceedings or just accidentally created flaws in the proceeding, there’s more than just a lack of cross-examination or the fact that Riker was not able to give a closing argument. I saw a video of a lawyer evaluate this episode, and he pointed out that there are more flaws. https://www.youtube.com/watch?v=XVjeYW6S8Mo On the other hand, this lawyer did indeed point out all the correct things this episode did as well.
My guess is, perhaps, Snodgrass was more concerned about the story than about legal realism.
I had to drop in here now that we have multiple episode of Picard in the world, as it is this ep that makes the new show so disturbing in part. SPOILERS BELOW (although this is also hinted at in trailers…)
We see in the shipyards that the horror that Guinan leads Picard to in their talk has come true: the Federation has its own fleet of android slaves. They look a bit like Data and appear to have some modicum of sentience, albeit more in line with TOS androids, so it’s not like a “real person.” Most horribly, they are all put back in the closet each night in the dark until the next day (which begs the question as to why they wouldn’t be put to work 24-7). It’s heartbreaking to watch this episode and know what is coming down the pike; the slavery aspect hasn’t really been dealt with much, but since androids and artificial life are the main focus of the show, hopefully we will be coming back around to it. Also, Patrick Stewart invited Whoopi Goldberg on to season 2, so I hope we get to revisit this conversation again. It would be an amazing return.
Quick point to the prior posters complaining that Data wasn’t made by the Federation, so why would he be considered their property: you’re forgetting the ancient legal maxim of “finders keepers.”
Very good episode, not much I can say that hasn’t all ready been covered one way or the other. I will say that this episode coming right after “Matter of Honor” really makes me appreciate how good even early TNG can be. A couple of real quality episodes back to back.
One nitpick, I hated that when they ask Data about Tasha’s picture, he mentions that he keeps it because she was special to him…but when pressed, he says that he and Tasha were intimate. Kind of a bizarre and somewhat inappropriate choice from the writers. Couldn’t Data have simply said that he kept it as a remembrance of his friend who had died? That’s really a very touching thing to consider, and it goes a lot farther to show Data’s humanity than “we had sex.” Anytime Tasha is mentioned by Data, it’s somewhat moving, but I think the writers missed the chance for a really great moment instead of a somewhat awkward and “funny” moment.
It could be argued that Riker’s speech to Louviox after questioning Data WAS his closing argument. He speaks directly to her just as Picard does after he concludes his examinations. But yes, the lack of cross examinations is a problem in an otherwise excellent episode – by far the best of the first two seasons.
(70) Dominic wrote: “The only slight quibble I have with it is that Picard doesn’t make enough of Data’s medals. The very first one that’s listed is for valor and gallantry, qualities that a mere machine cannot have. I’d argue Starfleet had already recognized Data as a sentient being by awarding him that decoration.”
I agree entirely. In fact, the first time I saw this, I actually thought Picard was going to pick up on that (remember, he was the one who insisted that Data’s entire record be read publicly) and that Judge Phillipa would have no choice but to concur. I was ready to congratulate Riker for slyly “doing his job” so well that he actually proved the case for the opposition.
One thing, though — am I irrevocably trapped in an endless junior-high-school-locker-room holodeck flashback, or did no one else get a chuckle out of those repeated references to Phillipa Louvoix as a “JAGOFF-icer”??
I’m sure this is a totally dead thread as it nears a decade since the original review, but this still one of the absolute best TNG episodes for me, possibly all of Trek. I first watched the series as a young child (I had literally just turned six the month before TNG aired), and I am always stunned by how much my opinions have shifted over the years. I don’t recall ever DISLIKING this episode, but it has only risen over the years for me.
When it comes to nits with this episode…well, they’re there, but some episodes are good enough to make you WANT to excuse them. Things like the absence of a closing argument for Riker have already been addressed (there’s no reason Starfleet operates exactly like our current legal system, so the idea that his speech at the end of cross-examining Data was his final statement). In fact, one thing that struck me, reading this comment thread is how much an episode this good provides room to infer the answers to some of these complaints.
Don’t get me wrong, I’m not saying that these are definitive answers, or must be agreed with by anybody, but consider…
1. This hearing is a low-budget affair, does Starfleet really arbitrate cases like this, with officers serving as counsel despite conflicts of interest? Yes, they do, at least as the first step of a legal process in these circumstances. Christopher L. Bennett has a great line in The Buried Age spoken to Louvois by a fellow lawyer: “These are not the dark ages when prosecutors routinely framed innocent defendants simply to bolster their own win-loss records!” Starfleet uses the adversarial system, but 24th century sentients are expected to be able to make an argument from all sides, or also step aside if they can’t. Although Louvoix’s statement to Riker that she would have to rule summarily if he couldn’t prosecute was a threat, it was also a statement of fact.
2. The importance of this hearing. The episode doesn’t lose it’s impact if you assume that neither Data nor Maddox would have had no further legal recourse. This is frontier justice, which, in the Federation, doesn’t mean it’s final. Maybe I’m reading too much into this, but either could have appealed, but that would have happened back on Earth, in a full Federation court room. For Data, the risk would be that he would have already lost his position on the Enterprise, and perhaps be vulnerable without officers who knew him. For Maddox, see further below.
3. Regarding Louvoix’s initial ruling that Data was Starfleet property: specifically with regard to why he’d be Starfleet’s property as opposed to anyone else, as far as anyone knows, Soong is dead with no heirs, so Starfleet’s discovery would imply salvage rights. Secondly, her invocation of the Acts of Cumberland may by a fridge brilliance moment, also explaining why the various medals, Academy admission, rank, etc. were not used more as evidence. Perhaps the Acts were a ruling in the 21st century specifically stating that AI’s which simulate intelligence are not sentient, but recognizing that humans (or sentients, if this was post-first contact) are prone to anthropomorphize such programmes. The Acts may have been originally a way to, for example, prevent a man from leaving all his possessions to his Amazon Echo. Once invoked, all previous ranks, awards, etc., would fall under the scope of being mere actions of this human/sentient tendency. After all, giving your car a name and calling it “her” doesn’t imply that it has the rights of a human, or even an animal.
Anyway, that’s all hand-waving. The bottom line for me is that this episode wove enough seemingly decent legal business into it to work as a 45-minute story, and was good enough for me to overlook the flaws. This was one of the first times that TNG was also really well-served by all the actors clicking, and elevating their (already decent) material.
Think of it, without the fantastic chemistry between McBroom and Stewart, how could their characters have carried the conflict so well? Without Frakes giving one of his best performances (from an actor who, whatever his strengths, was never a Patrick Stewart or Brent Spiner, let’s be honest), would we have bought into the threat his prosecution posed? I think that the most under-appreciated part (of an admittedly popular episode) was the performance of Brian Brophy as Maddox. Though the character was solidly-written, he brought the character to life, and delivered a surprising amount of nuance.
I genuinely could see how Maddox was convinced that he was right, that his experiments would work, and that he was morally right to doing what he doing, taking a risk to be able to copy an amazing device. But he also played a growing respect for Data too, especially in the moment of calling him a “him” at the episode’s end. You can actually see why Data would stay in touch with him, and see Maddox changing.
Maybe that’s the most understated part of this episode, the most idealistic, Roddenberry-esque thing woven through it. 24th century humans are better, because they’re less dogmatic. They embrace a court inquiry as a way to see all sides of an issue, and they’re not too proud to change their minds, and admit they were wrong in light of new evidence. Writing in 2021, after some dark years, that’s a future for humanity I really hope we see!
A few stray thoughts (since apparently this post isn’t long enough!): There’s something I absolutely adore about McBroom’s delivery of the “I don’t know if I do” line about having a soul. It’s so wide open to interpretation. Is it about her own personal failings? Or is it because she’s a more secular/humanist character, and isn’t sure that there is such a thing in a specific sense? Is it a joke, a deep musing, both, or neither?
On a meta-level, the Guinan and Picard scene is absolutely stellar. Note perfect, and the choice of having an actress of colour lead Picard to the message, without ever making the connection that is so obvious to us 20th/21st century viewers was just perfectly done.
Ah well, enough from me. Sorry for beating the dead horse of a 10 year-old review!
Tim: People have continued to comment on all the Trek rewatch posts going all the way back to 2011, so you need not apologize for posting in this thread, or any other. Always good to hear more comments!
—Keith R.A. DeCandido
I have to say I’m a bit surprised nobody has explicitly referenced Dred Scott v. Sandford, where the conclusion was that African-Americans could not be citizens.
Despite the fact that Data is a commissioned officer in Star Fleet and therefore has certain rights and privileges thereby negating any claim of ownership or possession by Maddox, it’s still in the top 5 TNG episodes. The most Maddox could hope for is Star Fleet Command ordering Data to work with him on the project. I think we can safely assume laws will remain mostly the same since our own history shows most of our current laws come from ancient civilizations.
@83– I had to completely disagree with your reaction to the scene where Data reveals that he and Tasha were intimate. First of all, I don’t think the scene was played for laughs at all. In fact, it was extremely poignant. More importantly. for him to have just said yeah she was a shipmate and I really miss her doesn’t cut it. The reason the more explicit disclosure is so important is because it shows that Data attached a significance and a responsibility to the act beyond the mere physical coupling of body parts. What struck me as interesting about that scene is that when Data says he doesn’t want to respond, Picard says “under the circumstances I don’t think Tasha would mind” in such a way that leads me to believe Picard knew what the answer would be. Interesting, since I thought that was established that this was Tasha and Data’s secret.
Louvoix’s character is among the most interesting guest appearances on the series. I didn’t much care for the moment where she described Data as a toaster in response to Riker’s initial refusal to advocate against Data. I suspect she could have been doing it as a bluff to force Riker to capitulate, because I can’t imagine she would think it justice to sustain the initial ruling because a third party refused to take part in the proceeding. My guess is she simply would have moved down the line until she found someone she could browbeat into doing it. Or better yet, as has been noted, maybe find someone disinterested to begin with? I can’t imagine there aren’t contingencies in Starfleet code of justice that would allow bringing in a truly independent advocate.
Rewatched today after 25+ years since I wasn’t aware of the series when it originally aired, was already a teen then. Back then and now again I’m marveled with these scifi characters achieving success through debate when dealing with a philosophical dilemma (other times it was through collaboration), to achieve a conclusion that everyone involved in the effort considered definitive and fulfilling. Although I did believe that sometimes the circumstances they depicted were too convenient for the “lesson of the day”, this episode is one where the narrative is so engaging that it goes mostly unnoticed, save for the fact that questioning Data’s right to decide for himself seems to go against accepting him into service for the Federation in the first place (“if you treat it as a duck, is a duck”).
Something I noticed in the rewatch is that the purpose of the trial seems to be all over the place: it’s deciding whether Data is property or if he is a sentient being? They seem to be erratic about it, and focusing on him being a machine doesn’t preclude that he can have rights as a non-human person, something that the Federation must have faced in their encounters with lifeforms at different levels of development throughout the galaxy. That’s why “having a soul” mentioned seemed at odds with what was being discussed. Being so provocative is probably why this episode is one of the best of the series and I had a blast watching it again.
This is simply my favorite Star Trek episode of all time! Although I would love to know what exactly The Acts of Cumberland say that could set the precedent for declaring Data property to begin with. I don’t think it was really considered what it might say by the writer. In a way, it’s just this episode’s sort of McGuffin to give it it’s core conflict. We know that Data wasn’t forced to join Starfleet. We know that he graduated the Academy. We know that his rank was earned, not bestowed. This episode establishes he earned a bunch of medals. It doesn’t seem the kind of treatment Starfleet would show to one of its members if they were property. I guess in a way, I’m questioning the existence of this episode as it seems all of this stuff would have been dealt with before even letting Data join. However, I’m glad it does exist!
There’s some irony in the fact that I had to tick a box labeled “I’m not a robot” in order to post this comment.
@92/Thierafhal: I don’t think you can say Starfleet/the Federation is as enlightened as you think it should be regarding questioning Data’s sentience even though he was already admitted to Starfleet and served for many years with distinction. You have later examples of alarming policies like the synth ban and not admitting Seven to the academy because of her former life as a Borg drone.
Indeed, while humanity in general is generally improving and evolving, we occasionally backslide on our progress. One only has to look in the recent news headlines of the day whether it’s issues of women’s body autonomy and the marginalizing of certain minorities by outlawing discussion of said minorities in educational institutions.
I was kind-of dreading this episode coming along in my rewatch because of (a) how utterly devastating Riker hitting Data’s kill switch is, even knowing the outcome of the hearing, and (b) some trepidation over the episode perhaps not living up to memory and reputation. Well, I’m sure glad I didn’t skip it and got to rediscover that it’s unquestionably great.
Patrick Stewart in particular is utterly fantastic, his performance and the script elevating one another to awesome heights; of course Brent Spiner, Whoopi Goldberg, et al. turn in excellent work too. Data’s comment to Riker at the end that if Riker hadn’t mounted a vigorous prosecution Data would have summarily lost is not only logically sound but perfectly sympathetic. The quiet character moments throughout are so darned good.
I agree that Data not only having gone through Starfleet Academy but receiving medals of distinction and serving in a high command position beg the question of why his sentience and personhood haven’t already been at least implicitly established. Even so, I’m able to squint past that and receive the episode as impressive work.
So I’ll admit that the episode has some big flaws in the timing and structure of the legal proceedings. That said, I don’t really care. The story itself and the performances of the actors involved fire on all cylinders, and it’s only in retrospect that the flaw becomes apparent. I especially liked the bit at the end where Data recognizes Riker’s actions and motivations during the episode. It was a moment that was completely unnecessary to the episode as a whole, and yet it says so much about Data as a character and his unique friendship with the rest of the crew. This was the first episode of the show that made you sit up and take notice of it. Thankfully, it was far from the last.
During my current re-watch, the last Star Trek story I enjoyed this much was “Day of the Dove,” and I’ve watched over seventy episodes and films between then and now. I can only guess how many more I’ll have to sit through before another one this good comes up.
Do you remember Blake Lemoine who believed that Google LaMDa had acquired sentience?
Now Imagine the Starfleet Board deciding about admitting Data to Academy. Would it not be conceivable that being admitted by that board is only capturing opinion, nothing chiseled in stone or unassailable by law? As much as it is possible that some person is later found to be defective in character in a way that renders them inacceptable for commissioning, it is possible that someone later questions the legal basis of them having been admitted or been given a certain rank or being conferred certain honors at all.
Even the Interpretation of a constitution must not be consistent over time.
So why would the simple admission of Data to Starfleet Academy form a precedence above legal questioning and lay down an interpretation to last forever?
I think this episode has its value, especially in times like the last two years. More in the offing may require us to ask that question pretty soon again.