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 person’s 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

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Prepared by: Matt J. McCarthy22 Ethics and decision making  Pollock (pp ) 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.