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
Criminal Law and Maritime Jobs
Maritime Jobs - Marine Jobs - Deckhands - Tankermen - Able Seaman - Maritime Jobs - Deck Engine - Employment in the Maritime
Industry - Work on Ships - Yachts - Tugboats - Cruise Ships
About Criminal Liability for Violations and Offenses
Because commercial mariners are often more
concerned with doing their jobs than covering their
behinds, they aren’t inclined to think like a criminal
when it comes to facing incriminating questions. They
may not realize how a response to a particular
question might box them into an open-shut case for
an investigator. In any situation that creates the
possibility of criminal liability, it is advisable to have
the benefit of an attorney. An attorney will better
understand why certain questions are being asked,
where the questions are headed, and what the
ultimate objective of an investigator’s line of
questioning may be. This site is not in the business of
dispensing legal advice. It’s a resource to help people
find work and employment. However, we’ll go out on a
limb and make the statement that license insurance
can be worth looking into. Read about the
Basics of
Criminal Law Issues That May Arise on the Water
with Maritime Jobs.

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.
Reporting a Serious Marine
Incident

A Serious Marine Incident (SMI) is
defined as one of the reportable
casualties addressed above that
result in:

1. One or more deaths;

2. An injury to a crewmember,
passenger, or other person which
requires professional medical
treatment beyond first aid, and in
the case of a person employed on
board a vessel in commercial
service, which renders the
individual unfit to perform routine
vessel duties;

Click More elements of
Reporting a Serious Marine
Incident... Continued on next
page of criminal law
The conduct of the commercial mariner has become increasingly criminalized. This is a
disturbing trend if you earn a living in machinery spaces or above decks. However, it's the
way things are and there isn't any indication of things going back to the old days.
Mariners have been prosecuted under criminal provisions of the Clean Water Act, Oil
Pollution Act of 1990, Migratory Bird Act, Seaman's Manslaughter Statute and provisions of
state penal codes.
Criminal charges filed by prosecutors in SI Ferry Accident .
This has included prosecutions for unfortunate choices about attempting a particular
inlet, or navigational or seamanship errors. If pollution occurs or someone is killed or
injured, criminal charges can be filed, even if there was no criminal intent.
The Jones Act & Commercial
Mariners
Information about the Jones Act
Jones Act & Comm Mariners
Jones Act Seaman Status
Legal Significance of Seaman
Status
Jones Act Seaman Status
Seaman's
Manslaughter Law
When the Staten
Island Ferry Andrew
Barberi crashed into
the terminal and 11
lives were lost,
manslaughter laws
were applied by the
prosecution. Several
years later, on the
West Coast, a tragic
incident involving a
charter boat that
made an
unsuccessful attempt
to cross a bar came
under attention when
the prosecution
applied
manslaughter laws,
despite the fact that it
was an accident.

Click
New York
Times Article on
Indictment of Boat
Captain to read the
story.