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87 Tul. L. Rev. 995 (2012-2013)

handle is hein.journals/tulr87 and id is 1061 raw text is: Criminalization of Maritime Casualties Circa 2013 Robert B. Parrish* Thomas C. Sullivant Shea M. Moser** Maritime accidents have a long history of creatng environmental and personal property damages, as well as human casualties. Though these accidents have historcally been subject only to civilliability over time incidents like oi spills andpassenger-boat casualties have gained mom meda attention and public outcry resulting in more frequent criminal prosecutions. Beginning in the mid-1990s, the face ofmaitine law began to change. Ship officers and crews, as well as shipowners and even multinational corporations, have been increasingly penalized under criinal statutes. Now wrongdoers may find themselves subject to pmsecution for manslaughter as well as criminal violations under envionmental statutes. The United States Department ofJustice has taken an active approach to prosecuting maritine wrongdoers undera myriid of federal environmental statutes, icluding the Clean Water Act, the Act To Prevent Pollution From Ships, and the Refuse Act. This Article pesents a dscussion of the crininahzation of marime casualties generally as well as the increase in prosecutions of idividuals and companies formaritime envronmental crikes 1. INTRODUCTION: BRIEF HISTORY OF THIS SHIP LAWYER'S LIFE INVOLVING HIS CLIENTS' ALLEGED MARITIME CRIMES..........................................996 II. CRIMINAL MARITIME CASUALTIES: MANSLAUGHTER.............1000 A. Crnninal Liablity for Neglect of Captans, Engeers, Crew Members, Shp Officers, and Corporate Executive Officers .................. 1000 B. United States v. Ryan .................. 001 C United States v. O'Keefe ............... .....1 001 D. United States v. Schrdder ............... .....1 002 I. CRIMINAL MARITIME CASUALTIES: ENVIRONMENTAL ............1003 C 2013 Robert B. Parrish, Thomas C. Sullivan, and Shea M. Moser. * Partner, Moseley, Prichard, Knight & Jones; President, Maritime Law Association of the United States. J.D., Duke University; B.A. Duke University. As evidenced by my listing them as coauthors, my colleagues Tom Sullivan and Shea Moser, at Moseley, Prichard, Parrish, Knight & Jones (http://www.mppkj.com), assisted heavily in the writing of this Article. t Partner, Moseley, Prichard, Parrish, Knight & Jones. J.D., University of Florida; B.S., U.S. Naval Academy. ** Senior Associate, Moseley, Prichard, Parrish, Knight & Jones. J.D., Samford University, Cumberland School of Law; M.B.A., Samford University; B.S.B.A., University of Florida. 995

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