Prepared by: Matt J. McCarthy1 Introduction to Security Chapter 4 Legal and Ethical Considerations.

Prepared by: Matt J. McCarthy1 Introduction to Security Chapter 4 Legal and Ethical Considerations

Prepared by: Matt J. McCarthy2 Law & Liability in the U.S. Criminal Law: deals with offenses against the public (crimes) and fixes punishments for them Civil Law: deals with offenses against individuals, called torts, and seeks restitution for the victim

Prepared by: Matt J. McCarthy3 3 Categories of Civil Offenses: Strict liability refers to instances where a person is held liable even though they not have knowingly done anything wrong Intentional Tort an illegal act committed on purpose; may be both criminal and civil in nature Negligence a failure to use due care to prevent foreseeable injury/ damages

Prepared by: Matt J. McCarthy4 Elements of Negligent Liability oThere are differences from state to state in regards to what constitutes negligent liability. oThere are, however, 5 basic elements to most definitions of negligent liability

Prepared by: Matt J. McCarthy5 Elements of Negligent Liability Existence of some duty owed Foreseeable likelihood of the incident occurring Failure to meet a reasonable standard of care Proximate results injury resulted from the failure to protect Damages

Prepared by: Matt J. McCarthy6 Common Civil Lawsuits Brought Against Private Security: In order for private security to protect itself against lawsuits, it is imperative that they understand what lawsuits are commonly brought against them. In this way, we can structure training to those areas that we typically encounter legal problems in.

Prepared by: Matt J. McCarthy7 Common Civil Lawsuits Brought Against Private Security: Assault & Battery Defamation False Imprisonment Intentional Infliction of Emotional Distress Invasion of Privacy Malicious Prosecution Negligence

Prepared by: Matt J. McCarthy8 The Civil Rights Act - Section 1983 This act, passed in 1871, says that anyone acting under the authority of local or state law who violates another persons constitutional rights, can be sued.

Prepared by: Matt J. McCarthy9 The Use of Force Security officers are sometimes required to use force to do their jobs. Anytime an officer uses force, they greatly increase their risk of being sued. Thus, it is imperative that officers follow a use of force continuum.

Prepared by: Matt J. McCarthy10 Use of Force Continuum

Prepared by: Matt J. McCarthy11 Liability and Armed Personnel Security officers are working, much like their law enforcement counterparts, in an increasingly violent society. This means that the likelihood of an officer having to use a firearm may be increasing. Some agencies are turning to less lethal weapons to enhance security.

Prepared by: Matt J. McCarthy12 Less Lethal weapons These are weapons that are not designed to kill however, death may result from their use if used improperly, enhancing the need for training. CN & CS tear gas OC (oleoresin capsicum) spray Tasers Projectile Launchers Specialty impact munitions such as bean bag rounds, flexible baton rounds

Prepared by: Matt J. McCarthy13 Trends in Security Liability Lawsuits The increase in exposure and importance of security since 9/11 has had a twofold effect on the industry. Along with this gain in importance, the industry has also become a greater target for lawsuits.

Prepared by: Matt J. McCarthy14 Lawsuit trends: Inadequate premises security the number one cause for liability- related lawsuits Crimes committed by employees usually labeled as negligent hiring, retention or supervision

Prepared by: Matt J. McCarthy15 Steps for Reducing Liability: Hiring take care to hire trustworthy, qualified individuals. Setting minimum standards for job performance Establishing clear policies and procedures Training Insurance Create a liability checklist

Prepared by: Matt J. McCarthy16 If you are sued Common Defenses: Did not intend to deprive the plaintiff of a constitutional right Acted in good faith Used reasonable judgment at the time and with valid authority

Prepared by: Matt J. McCarthy17 Ethics There is no right way to do a wrong thing Ethics refers to standards or principles of fair, honest conduct. This may include: A system of moral principles or values Rules or standards governing the conduct of the profession Accepted standards of right and wrong

Prepared by: Matt J. McCarthy18 Ethics Many questions of ethics include morals. The term morals is open to interpretation, and often are what people refer to as their conscience. Moral standards may be: Constructed by an individual Set forth by society or culture Laid down by a religious body

Prepared by: Matt J. McCarthy19 3 Personal ethics-check questions: Is it legal? Is it balanced? How does it make me feel about myself? Developing Ethics

Prepared by: Matt J. McCarthy20 3 Organizational ethics-check questions: Are we delivering what we promise in terms of quality and customer service? Are we selling a product or service that is harmful to society? Are we honest in the way we do business? Developing Ethics

Prepared by: Matt J. McCarthy21

Prepared by: Matt J. McCarthy22 Ethics and decision making Pollock (pp. 21-22) suggests five analytical steps that might be taken to clarify a dilemma. Following such a guideline can help us when dealing with these ethical issues and dilemmas.

Prepared by: Matt J. McCarthy1 Introduction to Security Chapter 4 Legal and Ethical Considerations.

Documents

victim slide

security liability lawsuits

use of force security

private security

mccarthy2 law liability

mccarthy11 liability

security chapter

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