Criminal Law and Maritime Jobs - Marine Incidents That Can Lead to Prosecution
Copyright 2007 - Copyright Warning - Violators Will Be Prosecuted
Rights reserved - U.S. Copyright Law Carries Criminal & Civil Penalties for
Infringement - 17 U.S.C. § 506 and 18 U.S.C. § 2319
Copyright 2007 - Copyright Warning - Violators Will Be Prosecuted
Rights reserved - U.S. Copyright Law Carries Criminal & Civil Penalties for
Infringement - 17 U.S.C. § 506 and 18 U.S.C. § 2319
| Some Basics About Criminal Law |
| Maritime Jobs - Marine Jobs - Deckhands - Tankermen - Able Seaman - Maritime Jobs - Deck Engine - Employment in the Maritime Industry - Work on Ships - Yachts - Tugboats - Cruise Ships |
Basics of Criminal Law in General and On the Water
Criminal law differs from civil law in its purpose. While
civil law is geared towards compensating the victim of
a civil wrong, such as negligence, product liability, or
intentional tort legal theory, criminal law is concerned
with protecting the public from criminal conduct. This
makes sense from the human conduct point of view.
People can’t go around assaulting each other when
they lose an argument, since it will land them in jail.
Someone can’t go out an kill their business rival… the
consequences could be a death penalty or life in
prison, depending on the jurisdiction and applicable
state penal laws. Although criminal law is governed by
differing state laws, the basic means of assessing a
criminal’s state of mind (the level of their criminal
intent) is more or less common.To learn more about
the four criminal states of mind for criminal liability in
most jurisdictions, click Criminal Intent - Acting
Intentionally, Knowingly, Recklessly & Negligently).
Criminal law differs from civil law in its purpose. While
civil law is geared towards compensating the victim of
a civil wrong, such as negligence, product liability, or
intentional tort legal theory, criminal law is concerned
with protecting the public from criminal conduct. This
makes sense from the human conduct point of view.
People can’t go around assaulting each other when
they lose an argument, since it will land them in jail.
Someone can’t go out an kill their business rival… the
consequences could be a death penalty or life in
prison, depending on the jurisdiction and applicable
state penal laws. Although criminal law is governed by
differing state laws, the basic means of assessing a
criminal’s state of mind (the level of their criminal
intent) is more or less common.To learn more about
the four criminal states of mind for criminal liability in
most jurisdictions, click Criminal Intent - Acting
Intentionally, Knowingly, Recklessly & Negligently).
Return To: |
| The Main Page of Education Resources (has the main menu bar) |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
When the Argo Merchant sank on December 21, 1976, criminal prosecutions were not
carried out. Running aground on Middle Rip Shoal 6 days earlier, it was revealed that the
ship had inaccurate charts, a broken gyrocompass and inaccurate radio direction finder.
carried out. Running aground on Middle Rip Shoal 6 days earlier, it was revealed that the
ship had inaccurate charts, a broken gyrocompass and inaccurate radio direction finder.
Those days are over. Today's mariner faces criminal prosecution for being amiss in
maintaining oily waste logs. Felonies, misdemeanors... you name it, it's all possible.
maintaining oily waste logs. Felonies, misdemeanors... you name it, it's all possible.
When law enforcement and federal prosecutors and state district attorneys investigate an
incident today, they will analyze the mental state of the perpetrator of the crime. Did he or
she act intentionally, knowingly, recklessly or with neglignce..
incident today, they will analyze the mental state of the perpetrator of the crime. Did he or
she act intentionally, knowingly, recklessly or with neglignce..
| Reporting a Serious Marine Incident - Cont'd Continued from previous page, the additional reportable casualties are (no. 1. was death, no. 2 was injury)... go back to read nos. 1 & 2 in full. 3. Damage to property, as defined above, that exceeds $100,000; 4. Actual or constructive total loss of any vessel subject to inspection under 46 USC 3301; 5. Actual or constructive total loss of any self-propelled vessel, not subject to inspection under 46 USC 3301, of 100 gross tons or more. 6. A discharge of oil of 10,000 gallons or more, or the discharge of a hazardous substance in a reportable quantity into the navigable waters of the U.S. and the environment whether or not resulting from a marine casualty. |
A crime, whether it is the act of being intoxicated at the
helm of a cruise ship, or spilling 10,000 gallons of
home heating oil through reckless disregard of
procedure, or taking a swing at someone whose
comments annoy you… are governed by more or less
the same general principals. A crime consists of two
elements. The first is a criminal act. The second is a
blameworthy state of mind.
The law applies the stiffest punishment for acts which
are carried out with intent, in a deliberate manner. The
criminal penalties are lower for those acts which are
carried out because of carelessless.
In civil law, as in a negligence lawsuit, the court will
look at whether the wrongdoer breached some sort of
duty, be it a duty to maintain a workplace free of
dangerous conditions such as broken and dangerous
catwalks, ladders, or exposed parts of rotating
machinery. In criminal law, the law looks at what the
person who committed the criminal act was thinking at
the time they committed the act.
helm of a cruise ship, or spilling 10,000 gallons of
home heating oil through reckless disregard of
procedure, or taking a swing at someone whose
comments annoy you… are governed by more or less
the same general principals. A crime consists of two
elements. The first is a criminal act. The second is a
blameworthy state of mind.
The law applies the stiffest punishment for acts which
are carried out with intent, in a deliberate manner. The
criminal penalties are lower for those acts which are
carried out because of carelessless.
In civil law, as in a negligence lawsuit, the court will
look at whether the wrongdoer breached some sort of
duty, be it a duty to maintain a workplace free of
dangerous conditions such as broken and dangerous
catwalks, ladders, or exposed parts of rotating
machinery. In criminal law, the law looks at what the
person who committed the criminal act was thinking at
the time they committed the act.
The Oil Pollution Act of 1990, which came at the heels
of the Exxon Valdez grounding outside the Prince
William Sound Channel (chart above) layed out
numerous ways in which the mariner, as criminal
perpetrator, could face prosecution for his conduct.
of the Exxon Valdez grounding outside the Prince
William Sound Channel (chart above) layed out
numerous ways in which the mariner, as criminal
perpetrator, could face prosecution for his conduct.
When a bow thruster
(above) fails, the last thing
that may come to mind is
that the equipment failure
will lead to criminal
prosecution. However that's
what happened when a
containership's bow thruster
failed during maneuvering
watch, causing it to crash
into a dock crane and kill a
person on shore when the
crane toppled over (U.S. v
Schroder). Or look at the
Oregon charter fishing boat
captain (bottom of page)
who faced prosecution
under the Seaman's
Manslaughter Statute when
his charter fishing vessel
was overcome by a wave
during an attempt to
negogiate an inhospitable
inlet of the Columbia River.
(above) fails, the last thing
that may come to mind is
that the equipment failure
will lead to criminal
prosecution. However that's
what happened when a
containership's bow thruster
failed during maneuvering
watch, causing it to crash
into a dock crane and kill a
person on shore when the
crane toppled over (U.S. v
Schroder). Or look at the
Oregon charter fishing boat
captain (bottom of page)
who faced prosecution
under the Seaman's
Manslaughter Statute when
his charter fishing vessel
was overcome by a wave
during an attempt to
negogiate an inhospitable
inlet of the Columbia River.