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How Do Cruise Lines Deal with Crimes Committed at Sea?
Many embark on cruises to escape daily life and enjoy luxury on the high seas. The unfortunate truth is that crimes can happen anywhere. When crimes occur at sea aboard a cruise line, there can be some confusion about what happens to those accused of criminal offenses. How a criminal offense at sea is handled depends on several factors, including the severity of the offense, where the cruise ship was located at the time of the incident, and more.
Legally, cruise ships occupy a grey area. They are registered in one country, owned by a company headquartered there or in another country, and often allowed to travel through international waters with crew and passengers of many national origins. When crimes occur aboard cruise ships at sea, several parties or countries may want to exert legal authority over the criminal matter.
The nation where the cruise ship is registered will have jurisdiction over administrative issues such as labor, maintenance, and safety. Thfcriminis is known as the ‘flag state.’ Several cruise ships that frequent Florida waters are registered in the Bahamas, Malta, and Panama.
The country where the cruise line is incorporated and has its headquarters may claim jurisdiction for certain crimes at sea. For example, a cruise ship company headquartered in the United States may give rise to the US having an interest in the outcome of the criminal investigation.
When crimes occur at a port or harbor, the country where the port is located generally has jurisdiction. However, crimes committed on the high seas fall under the flag state’s jurisdiction. Additionally, the nationality of the victim or the accused can also determine jurisdiction.
Florida law also defines the state’s special maritime criminal jurisdiction over certain criminal offenses on cruise lines, even in international waters. The Florida statute outlines the scenarios in which the state can prosecute for crimes that occur on cruise ships outside of territorial waters, including:
- If the defendant was a Florida resident
- If it was a violent crime against a Florida resident
- If the victim was a Florida law enforcement officer
- And more
What Crimes Are Commonly Reported on Cruise Ships?
If you are accused of a criminal act aboard a cruise ship or other seafaring vessel, our Florida law firm can help defend your legal rights to achieve the most optimal outcome for your case. Our attorneys have years of experience assisting clients accused of crimes at sea, making us uniquely qualified to represent your case.
Examples of crimes committed aboard cruise ships include the following:
- Aggravated assault and sexual assault committed by crew members
- Arson
- Assault and battery
- Destruction of property
- Drug crimes, including possession or trafficking of drugs
- Homicide or suspicious deaths
- Kidnapping
- Manslaughter
- Missing person cases
- Public intoxication incidents
- Rape and sexual assault
- Serving alcohol to minors
- Sex crimes due to alcohol or drugs
- Sexual harassment
- Theft
- Violent crimes
Many cruise lines independently report statistics on serious crimes committed aboard their ships. Additionally, certain serious crimes must be reported to the FBI for most passenger vessels embarking from or disembarking in United States ports.
Does a Cruise Ship Have Its Own Jail or Police Force Onboard?
The jail found on a cruise ship is known as the brig. Brig is short for the nautical term brigantine, a ship once used to transport criminals. Brigs function differently than jails found on dry land, as they are not big and are meant to hold those accused of crimes until the proper authorities can take over the investigations.
Cruise lines do not have police on board (except for off-duty police officers who are passengers aboard cruise ships). Instead, a cruise line employs security personnel. Ultimately, the ship’s captain has the decision-making authority on what should happen to those suspected of criminal acts committed aboard the ship. The captain has the authority to dock early to report the crimes or continue their scheduled course while placing the supposed criminal in the brig.
Minor crimes rarely result in a person being placed in the brig. More often, a minor criminal offense will result in a passenger or crew member being remanded to their cabin for the duration of the trip. More serious crimes may result in the captain and security teams placing individuals in the brig, awaiting a more thorough investigation of the supposed offense. Crimes that could land someone in the brig include murder, sexual assault, and the possession of illegal substances.
Who Investigates Cruise Ship Crimes?
Security personnel employed by cruise ship companies are typically among the first responders in most criminal cases because they are expected to ensure the continued safety of all passengers on board until they can hand over the investigation to law enforcement on land. Jurisdiction is a complex issue regarding cruise ship crimes, often requiring negotiations and investigations conducted by several governments and officials.
Local authorities will have clear jurisdiction over legal issues if the ship is in port when a criminal act is committed. Every country is also entitled to jurisdiction in waters within 12 nautical miles of its shorelines.
When ships travel beyond the 12-mile limit, jurisdiction generally falls to the laws of the ship’s registered country or flag state. If the crime occurs on open water, the captain will decide whether to make an unscheduled stop at a nearby port or proceed to the next scheduled port of call.
When a United States citizen commits a crime on a cruise ship or is otherwise the victim of a crime aboard a cruise ship, the FBI frequently attempts to investigate the offense. However, the FBI investigation is sometimes secondary to investigations conducted by other law enforcement involved in the case. The FBI sometimes may not begin its investigation until the cruise ship returns and then do so in conjunction with law enforcement officials in the port city.
What Laws Are Applicable to Crimes Committed Off the Florida Coastline?
An investigation will determine the suspects and gather evidence related to the case. Once this has been completed, the question becomes where formal charges will be filed. Various laws may be applied depending on the circumstances of the criminal offense and where it occurred at sea.
The flag states laws govern serious crimes such as homicide regardless of the nationality of the suspect or victim. The cruise line’s base country may also seek to prosecute matters under its laws, particularly if citizens are involved as victims or as the accused.
In some instances, a country may claim jurisdiction over all crimes committed in their territorial waters, even extending that authority over docked foreign-flagged ships.
Suppose the crime occurred in international waters. In such cases, unique maritime laws may come into play. You will need an experienced lawyer to represent your interests.
What Are Your Legal Options When Facing Criminal Charges Aboard a Cruise Ship?
If you are facing prosecution for a criminal offense supposedly committed aboard a cruise ship, you need professional legal representation to defend your interests.
A criminal defense lawyer can help in the following ways:
- Advocate on your behalf both in a courtroom trial setting and out of court
- Determine jurisdiction and the different laws that may apply to your defense
- Examine the evidence gathered by authorities to look for holes in the prosecution’s case
- Help avoid prosecution in the United States by navigating extradition
- Negotiate with prosecutors to reach a plea deal or limit the charges
Getting arrested while on a cruise is very unnerving, but it’s important to remember that you have legal rights worth defending. An experienced Florida criminal defense lawyer can help explore various legal options for building a defense, including arguing a lack of jurisdiction, showing that evidence was unlawfully obtained, pointing out the unreliability of eyewitness statements or forensic evidence, and proving a lack of evidence sufficient to support the charges.
Schedule a Free Case Evaluation with Our Experienced Criminal Defense Lawyers Today
Do not hesitate to seek professional legal counsel if you have been accused of a crime aboard a cruise ship. Cruise ship criminal offenses are more complicated than most other criminal matters, and you need professional legal representation to defend your rights.
Our Florida law firm has extensive experience representing various criminal matters, including representing the interests of clients accused of crimes on board cruise ships. From Port Everglades to other ports in Florida, we are here to serve you. To learn more about our legal services and how we may assist you during this difficult time, please contact our law office to schedule your free initial consultation with our legal team today.
You may reach us at 954-543-1186.
