flight safety detectives episode 227 - Criminalization Threatens Aviation Safety

As Boeing continues to be the subject of investigations and congressional hearings the concept of criminalization has come to the forefront. This could have a devastating impact on aviation safety in the U.S. Special guest and aviation attorney Mark Dombroff focuses on efforts to criminalize the investigation of aviation accidents and incidents.

The effort to use criminal prosecutions to address aviation safety issues in the U.S. would dramatically impact the process of getting to the facts, including making witnesses more reluctant to come forward with details. Criminalizing will make the safety investigation process more difficult and less effective.

While some in the legal community favor criminalization, it is not the approach used in most of the world. Aviation accident investigation focuses on understanding what happened and how to prevent similar events in the future. A criminal investigation would shift the goals to assigning blame and handing out punishment.
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Several notable past investigations came up during the discussion, including a fatal 2006 midair collision in Brazil involving a 737 and a corporate jet. The corporate jet pilots were detained in Brazil for several months and threatened with prosecution for almost 18 years. When TWA Flight 800 crashed, there was tension over whether the FBI or the NTSB would conduct the investigation.

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