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The Legal Landscape for SPR in Texas

Gil Guillory, Independent Scholar, The Woodlands, Texas and Carrie Ann Sitren, JD candidate, Wake Forest University. The Legal Landscape for SPR in Texas. Or, It's the Taxes, Stupid. The Legal Landscape for SPR in Texas. The Legal Landscape for SPR in Texas. The dream:

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The Legal Landscape for SPR in Texas

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  1. Gil Guillory, Independent Scholar, The Woodlands, Texas and Carrie Ann Sitren, JD candidate, Wake Forest University The Legal Landscapefor SPR in Texas

  2. Or, It's the Taxes, Stupid The Legal Landscapefor SPR in Texas

  3. The Legal Landscapefor SPR in Texas The dream: Start an SPR service along the lines of Molinari, The Tannehills, Rothbard, etc. The question: Is that legal?

  4. Crime occurs:then what? Investigate Find and confront suspect Mediation or Arbitration Failing that, pay insurance claim to subscriber What is SPR? • Residential service • $35/month • Patrol of house and environs • Monthly newsletter on area crime • First-responder with guaranteed response time

  5. Laws by Function

  6. Privilege to Investigate Theft Witnessing not required Detain, not arrest Must be a theft Can frisk the suspect Preventing the Consequences of Theft theft only no witnessing required like an arrest Citizen Arrest and Related Powers • Citizen arrest • Must witness crime • Must expeditiously deliver up to magistrate or peace officer • Officers are often satisfied with private solutions

  7. Investigation and Duty to Report

  8. Agreement is not necessary CA/DA will allow private solution for most cases Other means exist to persuade suspects to engage in mediation or arbitration Let's Make a Deal? • Prosecutorial Discretion • CA/DA's are free to act • Elected position • Analogy to making contract with legislator

  9. Notice of Refusal to Arbitrate • Suspect refuses to submit to mediation or arbitration • Issue a Notice of Refusal to Arbitrate to employer, insurance companies, neighbors, other associates • Not harassment • Civil liability controllable • Policy of Transparency • No intention to breach

  10. SPR business ~$1.50 out of $35 to pay claims Insurance regulationsdo not apply. Insurance Regulation? • The business of insurance in Texas includes offering suretyships as a vocation and not merely when incidental to another activity

  11. The Bottom Line

  12. The Pyramid ofSecurity Production

  13. The Legal Landscapefor SPR in Texas • Erudite Comments? • Stimulating Questions?

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