| Maritime Law - Seaman's Manslaughter Statute |
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Seaman's Manslaughter Statute
Although the seaman's manslaughter statute was pulled out in the 2003 accident involving
the ferry Andrew Barberi (concrete steel pier pictured above), this criminal statute dates
back to a different age. There is a tragic accident that ties in the concept of criminal
prosecution in a maritime tort. On June 15, 1904, the excursion paddle steamer General
Slocum was chartered for a church picnic and took on over 1,300 passengers. After she
cast off, a fire spread through the wooden ship and easily consumed the structure and
killed over 1,000 passengers by either burning them or causing them to drown in their
desperate efforts to abandon the stricken vessel.
Although the seaman's manslaughter statute was pulled out in the 2003 accident involving
the ferry Andrew Barberi (concrete steel pier pictured above), this criminal statute dates
back to a different age. There is a tragic accident that ties in the concept of criminal
prosecution in a maritime tort. On June 15, 1904, the excursion paddle steamer General
Slocum was chartered for a church picnic and took on over 1,300 passengers. After she
cast off, a fire spread through the wooden ship and easily consumed the structure and
killed over 1,000 passengers by either burning them or causing them to drown in their
desperate efforts to abandon the stricken vessel.
The Seaman's Manslaughter Statute imposes criminal penalties such as fines,
imprisonment, or both when someone is killed as a result of another person’s wrongful
act. Dating back to the 1800’s, it is a historic piece of maritime law.
imprisonment, or both when someone is killed as a result of another person’s wrongful
act. Dating back to the 1800’s, it is a historic piece of maritime law.
The law covers shoreside personnel such as operating officers and management
personnel and says they can be tried for charges that include fraud, neglect, misconduct,
connivance or other violations of law.
personnel and says they can be tried for charges that include fraud, neglect, misconduct,
connivance or other violations of law.
The criminal statute, which can be found in the U.S. Code under 18 U.S.C. § 1115 was
applied in the Staten Island Ferry crash that killed eleven people. The seaman’s
manslaughter statute says that captains, engineers, pilots or other persons can be
prosecuted for misconduct, negligence or inattention to their duties.
applied in the Staten Island Ferry crash that killed eleven people. The seaman’s
manslaughter statute says that captains, engineers, pilots or other persons can be
prosecuted for misconduct, negligence or inattention to their duties.
United States Coast Guard Photo
Police divers at site of ferry crash that killed eleven people. The severity of the impact
is apparent from the twisted and mangled rods of rebar that have been exposed.
is apparent from the twisted and mangled rods of rebar that have been exposed.
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Accounts state that life preservers at that time passed inspection by weight, because
weight was seen as proof of adequate buoyant material. While such a law seems
incomprehensible today, perhaps what is more horrible is the criminal manner in which
this legal guideline was met… by being filled with iron! The public was outraged by the
horrific loss of life from the Slocum, which could be described at worst as reckless
murder, or at best as criminally negligent homicide. This was the age of maritime
commerce that led to laws such as the Seaman’s Manslaughter Statute.
weight was seen as proof of adequate buoyant material. While such a law seems
incomprehensible today, perhaps what is more horrible is the criminal manner in which
this legal guideline was met… by being filled with iron! The public was outraged by the
horrific loss of life from the Slocum, which could be described at worst as reckless
murder, or at best as criminally negligent homicide. This was the age of maritime
commerce that led to laws such as the Seaman’s Manslaughter Statute.
The General Slocum at her East River Pier
Victims of the tragic accident
wash up on North Brother Island.
wash up on North Brother Island.