| criminal law vs. civil law |
| Interviewing - Mates - Chief Engineers - Designated Duty Engineers - Interviews - Deckhands Able Bodied Seamen - Tankermen - Dispatchers - QMED - Interviewing |
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What is the difference between criminal law and civil law?
Criminal law deals with crimes, which are unlawful acts against a society
and its people. Crimes include murder, manslaughter, rape, kidnapping,
armed robbery, burglary, gun possession, drug possession, driving while
intoxicated, assault, battery, and arson. There are many more and they are
generally listed and defined in state penal codes. A crime can be a felony or a
misdemeanor. Misdemeanors are less serious crimes that generally carry
jail sentences of one year or less. A felony is a generally regarded as a crime
punishable by a jail sentence of more than a year or by death penalty.
A civil wrong is something which is not criminal in nature but is a wrong done
that damages someone. Torts include offenses such as negligence,
defamation, unlawful imprisonment, invasion of privacy, fraud and other civil
wrongs. In civil wrongs, the punishment is generally money damages unless
the severity of the action is so severe that it may be regarded as being
criminal (i.e. criminal negligence)
Another difference between criminal and civil matters is that they follow
different evidentiary standards, meaning that the burden of proving
something is not the same between the two types of cases. Read different
burden of proof in criminal vs. civil action to learn more.
Criminal law deals with crimes, which are unlawful acts against a society
and its people. Crimes include murder, manslaughter, rape, kidnapping,
armed robbery, burglary, gun possession, drug possession, driving while
intoxicated, assault, battery, and arson. There are many more and they are
generally listed and defined in state penal codes. A crime can be a felony or a
misdemeanor. Misdemeanors are less serious crimes that generally carry
jail sentences of one year or less. A felony is a generally regarded as a crime
punishable by a jail sentence of more than a year or by death penalty.
A civil wrong is something which is not criminal in nature but is a wrong done
that damages someone. Torts include offenses such as negligence,
defamation, unlawful imprisonment, invasion of privacy, fraud and other civil
wrongs. In civil wrongs, the punishment is generally money damages unless
the severity of the action is so severe that it may be regarded as being
criminal (i.e. criminal negligence)
Another difference between criminal and civil matters is that they follow
different evidentiary standards, meaning that the burden of proving
something is not the same between the two types of cases. Read different
burden of proof in criminal vs. civil action to learn more.
In recent years, we've seen the increasing degree to which offenses and unlawful
conduct on the part of commercial mariners has been treated as criminal conduct.
In the past, pollution violations would have been handled as civil offenses with the
imposition of a money fine. However, pollution statutes have increasingly added
provisions that make violations punishable by criminal sentences. This can be seen
in the Oil Pollution Act of 1990, which came out on the heels of the 1989 grounding
of the Exxon Valdez in Prince William Sound, Alaska. We commonly see U.S.
Department of Justice prosecutions of engine room personnel in the unlawful
discharges of oily water in deliberate conduct that circumvents the objectives of
pollution control devices. Chief engineers and other senior officers have been
prosecuted by U.S. Attorneys for using "magic pipes", an industry slang adopted
for what is basically a section of pipe inserted into oily waste separators. While
criminal prosecutions would naturally be expected for such egregious conduct,
what may be an interesting decision is the prosecution of the personnel of the bulk
freighter Selendang Ayu, which sank off Unalaska following the loss of its power
plant. Federal prosecutors made their case that it was negligent maintenance of the
engine that led to the overheating of no. 3 cylinder and ultimately, the failure of the
engine that led to the ship's foundering in heavy seas. Read more about the
federal prosecution in the Selendang Ayu matter .
conduct on the part of commercial mariners has been treated as criminal conduct.
In the past, pollution violations would have been handled as civil offenses with the
imposition of a money fine. However, pollution statutes have increasingly added
provisions that make violations punishable by criminal sentences. This can be seen
in the Oil Pollution Act of 1990, which came out on the heels of the 1989 grounding
of the Exxon Valdez in Prince William Sound, Alaska. We commonly see U.S.
Department of Justice prosecutions of engine room personnel in the unlawful
discharges of oily water in deliberate conduct that circumvents the objectives of
pollution control devices. Chief engineers and other senior officers have been
prosecuted by U.S. Attorneys for using "magic pipes", an industry slang adopted
for what is basically a section of pipe inserted into oily waste separators. While
criminal prosecutions would naturally be expected for such egregious conduct,
what may be an interesting decision is the prosecution of the personnel of the bulk
freighter Selendang Ayu, which sank off Unalaska following the loss of its power
plant. Federal prosecutors made their case that it was negligent maintenance of the
engine that led to the overheating of no. 3 cylinder and ultimately, the failure of the
engine that led to the ship's foundering in heavy seas. Read more about the
federal prosecution in the Selendang Ayu matter .
Although we see greater criminal prosecutions of acts that could have once been
thought of as "carelessness", one thing has not changed. Deliberate and
intentionally committed offenses have always been regarded as criminal in nature.
For example, in early 2009, the U.S. Attorney’s Office prosecuted the captain of a
ship belonging to STX Pan Ocean Co., Ltd for dumping hundreds of pounds of oil
contaminated waste and plastic into the Pacific Ocean during its eastbound
voyage to Longview, WA. The prosecution was based on dumping approximately
six 55 gallon drums, thirty plastic lined rice sacks and approximately two hundred
garbage bags containing oil contaminated grain into the ocean from the ship. (US
Attorney’s Office - Wash). Members of the international community reacted
strongly to the prosecution, captured here on film. Click here to see the
footage.
thought of as "carelessness", one thing has not changed. Deliberate and
intentionally committed offenses have always been regarded as criminal in nature.
For example, in early 2009, the U.S. Attorney’s Office prosecuted the captain of a
ship belonging to STX Pan Ocean Co., Ltd for dumping hundreds of pounds of oil
contaminated waste and plastic into the Pacific Ocean during its eastbound
voyage to Longview, WA. The prosecution was based on dumping approximately
six 55 gallon drums, thirty plastic lined rice sacks and approximately two hundred
garbage bags containing oil contaminated grain into the ocean from the ship. (US
Attorney’s Office - Wash). Members of the international community reacted
strongly to the prosecution, captured here on film. Click here to see the
footage.