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Flying in the Face of Criminalization

DOI link for Flying in the Face of Criminalization

Flying in the Face of Criminalization book

The Safety Implications of Prosecuting Aviation Professionals for Accidents

Flying in the Face of Criminalization

DOI link for Flying in the Face of Criminalization

Flying in the Face of Criminalization book

The Safety Implications of Prosecuting Aviation Professionals for Accidents
BySofia Michaelides-Mateou, Andreas Mateou
Edition 1st Edition
First Published 2010
eBook Published 15 April 2016
Pub. location London
Imprint Routledge
DOI https://doi.org/10.4324/9781315582559
Pages 234 pages
eBook ISBN 9781315582559
SubjectsEngineering & Technology
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Michaelides-Mateou, S., Mateou, A. (2010). Flying in the Face of Criminalization. London: Routledge, https://doi.org/10.4324/9781315582559

Two parallel investigations take place after every aviation accident: one technical, one judicial. The former must be conducted with the sole intention of making safety recommendations to prevent the recurrence of similar accidents. The judicial investigation, however, has the intention of identifying those parties that have been at fault and to apportion blameworthiness for criminal and civil liability. Consequently, this results in a predicament for those parties that have been identified as having played a role in the accident, a dilemma between not supplying information aimed at enhancing safety and preventing future accidents and, on the other hand, supplying such information which may possibly be used against them in subsequent criminal prosecution. The situation is compounded by inconsistent approaches between different legal systems; aviation professionals may find themselves faced with criminal charges in one country but not in another, and they may also be unsure as to whether statements given during the technical investigation could be used against them in a court of law. Aviation safety is, to a large extent, built upon the trust placed by pilots, ATCOs and other aviation professionals in the process of accident investigation. This book examines the growing trend to criminalize these same people following an accident investigation and considers the implications this has for aviation safety.

TABLE OF CONTENTS

chapter 1|6 pages

Introduction

chapter 2|24 pages

What the Black Box Cannot Tell You – Liability in Law

chapter 3|23 pages

The Greying of the Black Box – Aviation Accident Investigation

chapter 4|45 pages

Knowing and Doing

chapter 5|30 pages

The Notion of Intermingling

chapter 6|24 pages

The State of Play 129

ByAccident Investigation and Limitations

chapter 7|8 pages

The Effect of Criminalization on Aviation Safety

chapter 8|4 pages

The Way Forward

chapter 9|20 pages

Cases of Prosecution of Aviation Professionals Air France Transports Aériens Intercontinentaux DC-6, Cairo,

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