Tuesday, April 25, 2006

Crime on Cruise Ships – who has jurisdiction?

Taking a cruise is for many a fun way to travel.
Like in any tourist destination, cruise ships have their fair amount of crimes and misdemeanors, including burglaries, thefts and assaults.
Major cruise lines don't release comprehensive crime statistics – the crime rate is therefore not known.

A few cases have made headlines lately, especially the disappearance of honeymooner George Smith from Royal Caribbean's Brilliance of the Seas in 2005.
But many victims of an onboard crime don’t get this kind of media attention – even worse, most cases go unreported to law enforcement officials.

There is a good reason for this: jurisdiction.
The victim’s legal rights depend on whether the vessel is in port or within a country's territorial waters, where local law may apply, or on the high seas, where maritime law is in force.
Take the case of Connie Eagerton.
She noticed that $32,000 worth of jewelry was missing from her suite on a recent Mediterranean cruise.
She last saw it when she was disembarking from the Grand Princess in Venice (Italy), and noticed it missing on her return home in Ocala, Florida the next day.
By that time, the Princess had already left port.
The key questions are: where did the theft take place? On board or in Venice?
Luckily, her insurance company paid her $26,000 since the cruise line was unsuccessful in reclaiming her belongings.

In case of serious crimes against US citizens, the cruise ship must notify the F.B.I.
However, crimes against non-US citizens are excluded and it’s up to the discretion of the ship’s security officers as to what constitutes a "serious" crime.
Assaults and rapes are often not reported by the victims – apart from the humiliation, victims are also not sure of their legal status.
Time is also an issue – port stops are short (1 day or less) and reporting a crime to local authorities takes time, especially if the victim is not a native speaker.
Victims are unwilling to (literally) miss the boat.

Crimes at sea are controlled by admiralty law and reported to the ship's security officer.
He interviews the victim or the person reporting the crime, and takes statements.
If the victim is a US citizen, he should report the crime to the F.B.I. and hand the passenger over to the F.B.I. in the next port.
The captain can decide to incarcerate a suspect until the ship reaches homeport or to remove that person at the next port of call — even if it is in another country.

If the crime is committed in the territorial waters of a country or at port, then that country's laws and criminal justice system are in control and reported to the local law enforcement.

Victims should find out if the crime is reported to local or federal authorities and ask for a copy of the paperwork.
If the crime is not reported, they have the option of reporting it themselves.