Senior Smart Aleck
Join Date: Aug 2009
Location: Richmond, Virginia
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Re: HMS Bounty in trouble...
Just to clarify there could be at least three different types of legal proceedings arising out of these kinds of incidents:
1. Administrative proceeding by government agency against individual or entity, i.e., U.S.C.G. investigation, concerned with violation of statutes, rules and regulations, affects govt. licensing and privileges, may assess fines;
2. Civil lawsuit between private parties, i.e. wrongful death case against estate of Captain, concerned with liability and damages with burden of proof being a mere preponderance of the evidence; and
3. Criminal prosecution (only if capt. had survived) by govt., i.e., involuntary manslaughter based on conduct evidencing reckless disregard of human life, concerned with guilty or not guilty verdict with burden of proof being beyond a reasonable doubt.
As far as I know, there is only a pending administrative proceeding now.
Posters seem to be confusing the terms between these different types of proceedings. "Guilty" or "not guilty" have nothing to do with civil lawsuits. Those are verdicts from a criminal prosecution by the government.
Perhaps that is why some are defending him. A civil action has nothing to do with his character, experience or past good deeds. In a civil case, the primary concerns are: Did he breach a duty imposed upon him by law and if he did, did his breach proximately cause an injury/death to another, and what are the damages suffered as a result or consequence?
The sweetest/most experienced person in the world could still have liability for monetary damages to another person because of a single failure to uphold a legal duty.
Last edited by jameswilson29; 11-30-2012 at 04:32 PM.