Understanding Legal and Ethical Security Issues

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

2. 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. McCarthy

3. 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. McCarthy

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

5. 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. McCarthy

6. 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. McCarthy

7. 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. McCarthy

8. 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. McCarthy

9. 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. McCarthy

10. Use of Force Continuum Prepared by: Matt J. McCarthy

11. 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. McCarthy

12. 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. McCarthy

13. 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. McCarthy

14. 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. McCarthy

15. 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. McCarthy

16. 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. McCarthy

17. 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. McCarthy

18. 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. McCarthy

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

20. Developing Ethics • 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? Prepared by: Matt J. McCarthy

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22. 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. McCarthy