Seaman's Manslaughter Act

[Sand_Pebble]

@tugsailor

That’s why it may be an unconstitutional law. It treats people differently for engaging in the same negligent conduct based upon occupation without any rational basis.

Ordinary or simple negligence that causes death is not a crime for anyone, except seamen

@shipengr

Another recent prospect for raising the constitutional question would have been the Deepwater Horizon case of United States v Kaluza . It had a high enough profile and big enough players that the appeal and question might have arisen had the same 5th Circuit court not ruled Kaluza, based on the position he held, couldn’t be tried under Seaman’s Manslaughter. So it was moot.

But to the point of why are seamen treated differently. The closest parallel job by the courts description I can think of is commercial airline pilots. But there’s no Airman’s Manslaughter is there?

@shipengr @tugsailor

I know both of you guys made these statements on another thread about seaman manslaughter charges being dismissed but since that is an older thread dealing with a similar debate as this one I decided to post here.

Seaman aren’t the only people who are held to higher standards when it comes to accidents & negligence. Motorists & truck drivers have vehicular homicide to deal with but if a pedestrian walks in front of a moving car causing the driver to swerve off the road & kill himself the pedestrian won’t be charged with pedestrian manslaughter or pedestrian homicide. Also, several states hold health, child & elderly care providers to a higher standard concerning accidents & negligence. I’m fine with it all. IMO, our society needs people to be more accountable for their actions, not less.