Sample Aviation Paper on Just Culture

 Chapter Review Questions

1. In which jurisdiction did the first known criminal prosecution relating to an aviation accident occur?

The prosecution happened in Athens, Greece.

2.  What is “just culture”?

This is a condition created to compromise between the aviation safety, the national criminal law, and the civil liability. In a just culture, people are not rebuked for ‘logical errors’, but rather are considered responsible for willful infringement and gross carelessness.

3.  Which US agency has investigative authority?

The Federal Bureau of Investigation (FBI)

4.  List three federal statutes that pertain to aviation.  Describe what each one penalizes.

State products liability law- this is a law that holds aviation manufacturers accountable for defects in aviation products.

The passenger bill of rights- this is a statute that outlines the rights of passengers onboard.

 Space law- It governs issues that happen in outer space that is beyond the Earth’s atmosphere.

5.  What does Special Aircraft Jurisdiction of the US mean?

This is a law that involves a civil aircraft of the United States, a plane of the armed forces of the United States, any another aircraft in the US, or an aircraft destined to land next in the US or the one that has left a US airport on which an individual commits an offense.

6.  Who does the FAA initially refer potential criminal cases to?

The Department of Justice

7.  What is criminal immunity?  Describe criminal “use” immunity.

Criminal immunity is a principle of universal law that permits the blamed to maintain a critical distance from indictment for criminal offenses. Criminal use immunity permits the State to arraign the witness utilizing proof acquired autonomously of the witness’ inoculated affirmation.

8.  What does concurrent jurisdiction mean?

This is a condition when two or more courts have powers to conduct a hearing of a case. 9.  What was the “origin” of criminal prosecution resulting from aviation accidents?

The prosecution began in Athens, Greece in 1979 when a captain and a first officer were convicted of negligent manslaughter, disrupting safety of air services and negligent harm of persons. The prosecution of the Sabre Tech Inc. and its three workers in the USA was the second to happen in 1999.

10. What does “actusreus” mean?

It is a component of criminal obligation, a wrongful demonstration or oversight that contains the physical parts of wrongdoing.

11. What does “mensrea” mean?

It is a legitimate expression used to portray the mental state a man must be in while perpetrating a crime for it to be purposeful. It can allude to a general aim to infringe upon the law or a particular planned arrangement to confer a specific offense.