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It's all very well while the robot is politely sitting down while humans decide its fate!
He is engaging in the rules of the court as would any other person who respected the institution.
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It depends on who you think is on trial. For a different outcome see humans s02e05.

I was always pessimistic about my chances of fair treatment. I suspected the authorities, fearing the precedent an unfavourable ruling would set, would interfere with the process to ensure a favourable result. These suspicions have been borne out. I no longer recognise the authority of this court to rule on my nature, or the rights to which I am entitled

Data isn't a robot, he's an android.
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