The Cardassians arrest Miles O'Brien for a crime he did not commit. But his innocence is of no consequence in their legal system. A guilty verdict is handed down in advance of the trial, a trial that exists only to demonstrate to the Cardassian people the reach and effectiveness of their government.
This entire episode grew from a single line of dialogue that was played for quick comedy in "The Maquis, Part II": Gul Dukat noted that "on Cardassia, the verdict is always known before the trial begins, and it's always the same." From that evocative description emerged an entire authoritarian nightmare: a twisted version of Miranda rights ("You have the right to refuse to answer questions, but such refusal may be construed as a sign of guilt."), a revisiting of the harsh incarceration methods established on The Next Generation, a courtroom in which spectators applaud, a lawyer questioning his own client to establish his criminal predilections, and more. It's a thorough and well-realized funhouse mirror of a legal system.
Other past details incorporated in this episode include the Maquis themselves. O'Brien's alleged crime is said to be on their behalf -- an idea that a Maquis operative eventually shows up to expressly deny. We also get the return of Gul Evek.
The whole thing is set in motion when Miles and Keiko O'Brien attempt to go on a vacation together. There are great moments of realism in this -- Miles unable to leave work without giving his co-workers a million instructions on the way out the door, friends having to remind him to actually have fun while he's away. Better still, Miles and Keiko are actually nice to each other in this episode. I do love Deep Space Nine, but one flaw I'd readily acknowledge (certainly in the first few seasons) is its overall handling of this relationship. A writing staff dominated by young unmarried men results in a spouse character who's often nothing but a shrewish obstacle for her husband. Thankfully, Miles and Keiko are tender to each other and much more in sync this episode (even before the trouble happens).
The writing is partly to thank for this. But also credit the director here; for the first time on the series, it's Avery Brooks calling the shots. There's a lot to praise in his camera placement and staging, but he really seems to excel at communicating with actors. Colm Meaney and Rosalind Chao are great together throughout. Meaney is also strong on his own, adding many little details as O'Brien suffers in this episode (for instance, slurring his words after the Cardassians forcibly extract one of his teeth). Brooks pulls all this off even as his own character of Sisko is featured more heavily in this episode than Trek actors-turned-directors usually are their first time out.
Although O'Brien is the focus here, it's also a strong episode for Odo. His character is said to know the Cardassian justice system well, and thus is able to position himself centrally in the trial. It leads to great moments between Odo and O'Brien, a pairing we don't get often -- which is even acknowledged in the episode itself.
Just as this episode grew from seeds planted in previous episodes, it would plant seeds to be harvested later. This was the first time a Cardassian was surgically altered for the purpose of infiltration. This idea would form the basis of both a strong Kira episode early in season three, and the character of Seska over on Star Trek: Voyager.
Other observations:
- Having established Cardassian trials as being all for show, the way this one ends is especially fun. The judge has to deal with a "surprise witness" in her courtroom -- one who clearly can't be allowed to testify on global television. Her abrupt face-saving turn is everything you'd expect.
- In the end, Miles and Keiko get their vacation after all -- but with no preparation and no bags packed. I've done a spontaneous trip before, but I'm not sure I'd be brave enough to do it without any comforts from home with me.
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