Homework Question on Criminal Prosecution
- In which jurisdiction did the first known criminal prosecution relating to an aviation accident occur?
- What is “just culture”?
- Which US agency has investigative authority?
- List three federal statutes that pertain to aviation. Describe what each one penalizes.
- What does Special Aircraft Jurisdiction of the US mean?
- Who does the FAA initially refer potential criminal cases to?
- What is criminal immunity? Describe criminal “use” immunity.
- What does concurrent jurisdiction mean?
- What was the “origin” of criminal prosecution resulting from aviation accidents?
- What does “actusreus” mean?
- What does “mensrea” mean?
Homework Answer on Criminal Prosecution
1.In which jurisdiction did the first known criminal prosecution relating to an aviation accident occur?
The first documented criminal prosecution involving aircraft accidents ensued in the year 1979, which involved a Swissair flight. The flight had crashed in Athens because of overshooting the runway during landing. The aircraft accident led to the killing of fourteen passengers, which triggered the Greek prosecutors to bring charges against the first officer and the captain based on disruption of air services safety, negligent bodily injury, and negligent manslaughter. The pilots received four years of imprisonment as charges.
2.What is “just culture”?
Just culture represents a culture that does not punish front-line operators for omissions, decisions or actions taken by them if such actions or decisions are commensurate with the level of training or experience that they possess, but in instances of willful violations, destructive acts, and gross negligence are not tolerated.
3.Which US agency has investigative authority?
The National Transportation Safety Board (NTSB) has an investigative mandate towards civil transportation accidents.