Ticket
Bill, Interesting point, but I wonder what the lawyer sailors on here think of this. Writing a ticket to a dead person produces some interesting questions. I'm not sure, but I think a person generally signs for a ticket as proof of service. If you don't sign, I suppose they would arrest you, and being dead would be an impediment to signing. Signing does not admit guilt, so you still have a right to appear in court and plead not guilty, have a trial, etc. I would think that the legal process would be difficult to conduct. The attorney client priviledge would probably not be a problem. I suppose that the defense attorney would call the defendent to the stand, because death prior to the issuance of the ticket might be a defence, and the defendent isn't liable to say anything under cross examination that will be a problem. If they arrested you for not signing, do they then book you? I know that they will often take custody of a body, but that is usually for forensic purposes, or I suppose just to clean up the street. Do they put you into the regular jail population and make sure you get to your court hearing? Pitty the poor cellmate, but what ever fifth amendment right he was holding on to will probably be soon forgotten. If they send you to the morge, those guys aren't to experienced in getting their charges to court hearings. If you miss your hearing, are you in contempt of court? Opps, more jail time, in fact, you will literally rot in prison. Well enough humor. I think the liability is already shifted. The Coast Guard has been fishing bodies out of the water since they have been in existence. The question of liability is pretty much off them and on to either the person who drowned, or those who have control and should provide advice and counsel. Immediately to mind are those in control of minor children or the "captain". The only liability issue I recall in the last number of years for the Coast Guard had to do with failure to answer a distress call. They paid for that one. Dan Jonas (S/V Feije II)
