Capt_BJ Posted October 23, 2014 #26 Share Posted October 23, 2014 (edited) cruise ship crime required to be reported . . . . there's a difference . . . a silly and flawed regulation . . . BUT bound by international agreements of JURISDICTION Edited October 23, 2014 by Capt_BJ Link to comment Share on other sites More sharing options...
sail7seas Posted October 23, 2014 #27 Share Posted October 23, 2014 Remember, the law that applies on the ship is either Panamanian or Bahamian law, so it would unless they have the person registered in their country, they can't do anything. HAL ships are all registered in the Netherlands. For a time, Veendam was registered in Bahamas but that was changed years ago. Link to comment Share on other sites More sharing options...
Calgon1 Posted October 23, 2014 Author #28 Share Posted October 23, 2014 if "you" are in law enforcement I'd expect you understand the basic details of jurisdiction and you might want to expand your knowledge in that area as it applies to the world of maritime law. HINT .... that flag state painted on the stern and the flag flown has BIG meaning on a ship . . . overlapping jurisdictions, sovereignty and treaties just scratches the surface . . Understand jurisdiction fairly well. Granted, I don't have expertise in maritime and/or international law, as you do; but jurisdiction is not my question. And, the legal nuances of what does, or does not constitute a "reportable incident" I am sure will be debated ad nauseam (as politicos and lawyers are wont to do). I have no doubt that the parent corporations do their best to remain within legal guidelines in screening their employees and contractors (Well, perhaps I shoud say that I hope to heck that they do). My inquiry, basically, falls under commonly accepted norms of the obligation of the provider of a service to take "reasonable" measures to ensure the safety of employees and customers. When Willie Sutton (an infamous American bank robber) was asked why he robbed banks - he responded simply, "Because that's where the money is." There is also an addage that, "it's easier to shear the sheep, if you first get them into the pen." Basically, I (and I believe others) are interested in whether or not cruise lines screen their passenger lists to identify; and if so, within the limits of their legal authority, deny boarding of individuals who have demonstrated a propensity for assaultive behavior. In other words, while the sheep are in the pen, what, if any effort is the shepherd taking to keep the wolves out of the pen? Also, a number of CC'ers have related this thread to children Children are not the only victims. Included are ourselves, our wives, husbands and other innocents. Oh, and a sincere, "Thank you for your service." Being a retired vet myself, I can identify with and appreciate your commitment to peace and order. Link to comment Share on other sites More sharing options...
sail7seas Posted October 23, 2014 #29 Share Posted October 23, 2014 (edited) I think a cruise ship is no different than any public place where crime can occur. It is up to the parent/guardian to assure their children are suitably supervised and not permitted to roam about on their own. That is where the risk is highest. JMO .... Whether there is a potential child abuser on the ship is less relevant the closer the child is supervised. If you would not let your child gad about on their own at a resort hotel/property, you likely would not do so on a cruise ship. Edited October 23, 2014 by sail7seas Link to comment Share on other sites More sharing options...
chengkp75 Posted October 23, 2014 #30 Share Posted October 23, 2014 My inquiry, basically, falls under commonly accepted norms of the obligation of the provider of a service to take "reasonable" measures to ensure the safety of employees and customers. While I'm not an expert, by any stretch, on sex offender registries, I believe that companies and citizens are only allowed to access the local state registry, not every states'. Therefore, the cruise lines would not have access to any state's registry other than the home port state. I think that the provision of security staff and security cameras meets the "reasonable measure" criteria, which is similar to or more comprehensive than other vacation venues. Link to comment Share on other sites More sharing options...
Husky61 Posted October 24, 2014 #31 Share Posted October 24, 2014 My inquiry, basically, falls under commonly accepted norms of the obligation of the provider of a service to take "reasonable" measures to ensure the safety of employees and customers. While I'm not an expert, by any stretch, on sex offender registries, I believe that companies and citizens are only allowed to access the local state registry, not every states'. Therefore, the cruise lines would not have access to any state's registry other than the home port state. I think that the provision of security staff and security cameras meets the "reasonable measure" criteria, which is similar to or more comprehensive than other vacation venues. Anyone including cruise lines have the capability of accessing a national sex offender registry. But common sense tell us that a cruise line with thousands of passengers would be unable to do that since they would have to access each name individually. They don't have the time or personnel to undertake such a task. But for anyone who is interested, here is a link where you can search the entire United States. http://www.fbi.gov/scams-safety/registry Link to comment Share on other sites More sharing options...
Husky61 Posted October 24, 2014 #32 Share Posted October 24, 2014 CBP by law currently gets advanced passenger manifest information for cruise ships as well as airlines. That's been in effect for a while. So any indication that they are not currently screening cruise ship passengers is false. The lists they receive must be electronically transmitted so the names can be searched through NCIC. The CBP also receives advance passenger information, and the PNR is the record created in the reservation system of the carrier when someone books a ticket. PNR data includes information in addition to their name, date of birth, and passport number. That includes where they bought the ticket, how they bought it, how they paid, and that sort of thing," However, with the high volume of passengers cruising every year in the United States, the CBP is not going to spend a great deal of time on misdemeanor warrants. I hope this info answers some questions. Link to comment Share on other sites More sharing options...
chengkp75 Posted October 24, 2014 #33 Share Posted October 24, 2014 Anyone including cruise lines have the capability of accessing a national sex offender registry. But common sense tell us that a cruise line with thousands of passengers would be unable to do that since they would have to access each name individually. They don't have the time or personnel to undertake such a task. But for anyone who is interested, here is a link where you can search the entire United States. http://www.fbi.gov/scams-safety/registry Thanks for the correction. I looked a little, and while the offenders are required to notify the FBI 21 days in advance of international travel, there is no federal restriction on their travel internationally, so there would be no legal basis for the cruise lines to prohibit boarding. Link to comment Share on other sites More sharing options...
trish1c Posted October 24, 2014 #34 Share Posted October 24, 2014 I doubt it. the best way to keep your kids safe on board is to be a vigilant involved parent / grandparent / guardian and teach your children to be aware fo their surroundings without crippling them with fear. Link to comment Share on other sites More sharing options...
Husky61 Posted October 24, 2014 #35 Share Posted October 24, 2014 Thanks for the correction. I looked a little, and while the offenders are required to notify the FBI 21 days in advance of international travel, there is no federal restriction on their travel internationally, so there would be no legal basis for the cruise lines to prohibit boarding. Close but no cigar. Sex offenders who do not register or update registrations are considered non compliant and are subject to prosecution under SORNA, Sex Offender Registration and Notification Act, when federal jurisdiction can be established. That is the only circumstances where the offender has to personally make the notification. State offenses notification are done with local jurisdictions. Link to comment Share on other sites More sharing options...
chengkp75 Posted October 24, 2014 #36 Share Posted October 24, 2014 Close but no cigar. Sex offenders who do not register or update registrations are considered non compliant and are subject to prosecution under SORNA, Sex Offender Registration and Notification Act, when federal jurisdiction can be established. That is the only circumstances where the offender has to personally make the notification. State offenses notification are done with local jurisdictions. Regardless, my main point was that while the government will get notification of travel, there is no restriction on international travel. Link to comment Share on other sites More sharing options...
Husky61 Posted October 24, 2014 #37 Share Posted October 24, 2014 Regardless, my main point was that while the government will get notification of travel, there is no restriction on international travel. International travel can be restricted if it is a condition of probation or parole.:) Link to comment Share on other sites More sharing options...
Aquahound Posted October 24, 2014 #38 Share Posted October 24, 2014 Close but no cigar. Sex offenders who do not register or update registrations are considered non compliant and are subject to prosecution under SORNA, Sex Offender Registration and Notification Act, when federal jurisdiction can be established. That is the only circumstances where the offender has to personally make the notification. It still will not prevent them from traveling on a cruise ship. Those who are non-complaint might get jammed up upon return to a U.S. port but like even those who have warrants for their arrest, it will not prevent them from boarding. Link to comment Share on other sites More sharing options...
lady_cruiser Posted October 24, 2014 #39 Share Posted October 24, 2014 (edited) As Safe Environment Coordinator for our school parish I can tell that a convicted sex offender, especially at Tier 3, can not get a passport. Now whether or not they can cruise using a birth certificate and other form of acceptable ID that I can't answer. Edited October 24, 2014 by lady_cruiser Link to comment Share on other sites More sharing options...
Husky61 Posted October 24, 2014 #40 Share Posted October 24, 2014 (edited) It still will not prevent them from traveling on a cruise ship. Those who are non-complaint might get jammed up upon return to a U.S. port but like even those who have warrants for their arrest, it will not prevent them from boarding. You are correct, I never said that it will. It also does not prevent them from attending Little league games, entering amusement parks, or baseball or football games, etc. Edited October 24, 2014 by Husky61 Link to comment Share on other sites More sharing options...
Donray Posted October 24, 2014 #41 Share Posted October 24, 2014 Anyone including cruise lines have the capability of accessing a national sex offender registry. But common sense tell us that a cruise line with thousands of passengers would be unable to do that since they would have to access each name individually. They don't have the time or personnel to undertake such a task. But for anyone who is interested, here is a link where you can search the entire United States. http://www.fbi.gov/scams-safety/registry You do know that the FBI does not have a single database. There say you need to access each state. Link to comment Share on other sites More sharing options...
Husky61 Posted October 24, 2014 #42 Share Posted October 24, 2014 You do know that the FBI does not have a single database. There say you need to access each state. There is a single database, and if you wish you can access each state individually.:) Link to comment Share on other sites More sharing options...
iancal Posted October 24, 2014 #43 Share Posted October 24, 2014 Notwithstanding all of the comments, I have do doubt that the cruise lines would want to avoid any liability or litigation stemming from an error in their process to identify known offenders. That is if they actually did it which they do not. I suspect that they have enough challenges in simply checking on crew backgrounds at time of hire and again periodically thought the employment period. Link to comment Share on other sites More sharing options...
chengkp75 Posted October 24, 2014 #44 Share Posted October 24, 2014 There is a single database, and if you wish you can access each state individually.:) Since we seem to be quibbling over semantics, I believe there is one federal registry website that links all of the state, territory, and tribal registries together. The registries are the databases, the website only links them together. This is from the FBI's sex offender website: The National Sex Offender Public Website—coordinated by the Department of Justice—enables every citizen to search the latest information from all 50 states, the District of Columbia, Puerto Rico, Guam, and numerous Indian tribes for the identity and location of known sex offenders. Link to comment Share on other sites More sharing options...
cruisenshop Posted October 25, 2014 #45 Share Posted October 25, 2014 I don't know the answer to your question, but I can tell you that Carnival does take steps to ensure a safe environment. Last spring break a man kept leering at my teenagers in the gym and watched them at class three days in a row and made inappropriate gestures and sounds. We reported it. The man was identified. The security team asked him in for questioning. They "ran" his background through their computer system and took very appropriate steps banning him from the gym, the teen club and advised him to walk the other direction if he saw the teens in a public place on the ship. They offered to have authorities waiting to press charges if we wanted to take it that far. They posted security personnel near our cabin. The experience - while unpleasant to me and the teens- was taken very seriously by carnival. We have been on more than 30 cruises and never had an experience like that before, we have always felt very safe and that our children were safe. Link to comment Share on other sites More sharing options...
wichitastatecruiser Posted October 25, 2014 #46 Share Posted October 25, 2014 First let me explain my situation: when I was 21 I met a girl online and she rounded up to the legal age when she was actually 6 months under. When I was arrested this was known but i. The state I live in that didn't matter I should have known better and now I'm a registered offender. I'm 35 now. Carnival did not check. I'm departing on NCL now and as far as I know they did not check. Royal Caribbean did check however, their home office called me, asked for sheriff to send them confirmation that they knew I was going to cruise, they also asked me to send them a summary of what the offense was and why I should be able to cruise. Normally they don't allow sexual offenders to cruise but because my story was verified I was considered very low risk and placed on Royals cleared list. However unless if I am with a child of my own it was made very clear that I would be kicked off a ship if I'm ever found hanging out around the children's or teen area. I'm assuming that Disney would work the sane and Celbrity is a sister company of Royal and under the same security protocol. That being said, most offenders do not have jobs that they can pay for their cruises, so if they arson its with a SO or family. Secondly the companies that do screen only can access the states that comply with the federal database so if a state is not providing that information or a ex offender is off the list they won't be caught. Finally I think is 95% of offenders know their victim so it's highly unlikely that a child will be victimized on a cruise by a stranger, the offender will see it as too risky. IMO the bigger worry would be for solo female travelers drinking to much and being taken advantage of by male passengers. I've seen A LOT of that happen and women don't report that because they feel it was their fault or are embarrassed. Hope that helps. Link to comment Share on other sites More sharing options...
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