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On Wed, 13 Dec 2006 11:39:33 -0600, Gig 601XL Builder wrote:
The courts really ought to require that all the facts are in before allowing the suits to go forward. I recall reading that NTSB analysis could not be cited in a court case. I don't know if this precludes the use of the NTSB staffers as expert witnesses. But would appear that the fact that the NTSB hadn't yet reached a conclusion would have no bearing on the legal case if its conclusion couldn't be cited. The idea is weird, though, considering that part of the NTSB's mandate is to determine an accident's cause. - Andrew |
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I recall reading that NTSB analysis could not be cited in a court case.[...]
The idea is weird, though, considering that part of the NTSB's mandate is to determine an accident's cause. It removes a source of pressure on the NTSB to alter their findings. Jose -- "There are 3 secrets to the perfect landing. Unfortunately, nobody knows what they are." - (mike). for Email, make the obvious change in the address. |
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On Wed, 13 Dec 2006 20:19:22 GMT, Jose
wrote in : It removes a source of pressure on the NTSB to alter their findings. Except when the NTSB is investigating military and governmental accidents. :-( |
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Jose wrote:
I recall reading that NTSB analysis could not be cited in a court case.[...] The idea is weird, though, considering that part of the NTSB's mandate is to determine an accident's cause. It removes a source of pressure on the NTSB to alter their findings. Presumably the gov't is immune to such influence. The major reason that the NTSB is immune to being used in court is so that people who provide support to the investigation know they aren't jeopardizing pecuniary interests by doing so. |
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Ron Natalie schrieb:
Presumably the gov't is immune to such influence. The major reason that the NTSB is immune to being used in court is so that people who provide support to the investigation know they aren't jeopardizing pecuniary interests by doing so. It's more than that. If it comes to a criminal investigation, then the accused has certain rights. (A lawyer's assistance, the right to say nothing, etc., different rights in different countries.) Now if someone who expects to be blamed to have made a mistake in the accident and therefore has to expect to be accused in court assists the NTSB to investigate the case, and then later these results are used in court, this would jeopardize his rights in court. Or, vice versa, if he wanted to keep his rights, then he had to refuse to help the NTSB, jeopardizing their effort to enhance safety. Stefan |
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