Jurisdiction Over Cruise Ship Crimes...
Jurisdiction Over Cruise Ship Crimes
Jurisdiction is an important aspect of maritime law. We often think in terms of substantive law - what are the legal elements of negligence, or what are the legal elements of a crime? But jurisdiction, which is more about procedure, is just as important. Jurisdiction is the element of who has authority over a matter, whether in terms of authority of a court system to hear a case, or authority of a law enforcement body to investigate a crime.
Jurisdiction over cruise ship crimes is determined by a number of factors. The Federal Bureau of Investigation often investigates incidents involving U.S. vessels. Section 7 of Title 18 of the U.S. Code governs the special maritime and territorial jurisdiction of the United States over crimes aboard cruise ships. Under the statute, the U.S. has jurisdiction over crimes committed on the high seas or U.S. territorial waters. Factors used in determining U.S. jurisdiction include the following elements: ▪ crime occurred aboard a U.S. cruise ship ▪ crime occurred in U.S. territorial waters (12 miles from shore)▪ victim is a U.S. national, and vessel departed or arrived in U.S. port▪ perpetrator is a U.S. national, and vessel departed or arrived in U.S. port
Jurisdiction over cruise ship crimes is determined by a number of factors. The Federal Bureau of Investigation often investigates incidents involving U.S. vessels. Section 7 of Title 18 of the U.S. Code governs the special maritime and territorial jurisdiction of the United States over crimes aboard cruise ships. Under the statute, the U.S. has jurisdiction over crimes committed on the high seas or U.S. territorial waters. Factors used in determining U.S. jurisdiction include the following elements: ▪ crime occurred aboard a U.S. cruise ship ▪ crime occurred in U.S. territorial waters (12 miles from shore)▪ victim is a U.S. national, and vessel departed or arrived in U.S. port▪ perpetrator is a U.S. national, and vessel departed or arrived in U.S. port