Nemeth Private Security and the Law

3. Auflage 2004
ISBN: 978-0-08-052509-9
Verlag: Elsevier Science & Techn.
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, 488 Seiten, Web PDF

Private Security and the Law, Third Edition is a textbook analysis of significant practices in the security industry that relate to law, regulation, licensure and constitutional dilemmas according to case and statutory authority. It is a treatise on the state of the law that governs the security industry and its operatives. The book fills the void that an increasing number of institutions are seeking as they expand their security programs in response to the growing demand for security education. This book delivers up to date information on the legal requirements witnessed by most security firms. It also explores the liability problems common to security operations, including negligence and tortious liability, civil actions commonly litigated, and strategies to avoid troublesome causes of action that effect business efficiency. From another angle, the work examines the constitutional and due process dimensions of private security work and affords the reader a look at how case law applies certain remedies to wronged parties. Recent cases, and the trends sure to follow, are highlighted throughout the text. Finally, the text is filled with checklists, data and other useful information that aids the security practitioner in applying theory to practice. This book will appeal to students in security and criminal justice programs; private security consultants; corporate security managers; and lawyers.* Up to date case law analysis provides cutting edge legal treatment of evolving standards
* Complicated material is presented in a down-to-earth, readable style, perfect for the student of security or security professional
* Over 200 tables and illustrations allow the reader speedy access to precise data

Charles Nemeth, JD, Ph.D., LL.M. is currently a professor and the Chair of the Security, Fire and Emergency Management Department at the John Jay College of Criminal Justice in New York, NY. He is a widely published author with over 30 titles to his credit and is a regular consultant to security companies. He holds a JD from the University of Baltimore and a post doctoral degree in Law, Psychiatry and Criminology, the LL.M., from the National Law Center of George Washington University. Dr. Nemeth is a recognized expert in private sector justice, ethical issues in law and legal analysis and appellate practice, and also holds a Ph.D. in Philosophy from Duquesne University. For more than two decades, he has practiced law in both the civil and criminal arena, specializing in personal injury and criminal litigation, and has been active in the North Carolina, New York and Pennsylvania Bars. He regularly consults with collegiate institutions and private sector justice entities.

Autoren/Hrsg.

Nemeth, Charles

Inhaltsverzeichnis

1;Cover;1
2;Copyright Page;5
3;Contents;8
4;Chapter 1. Historical Foundations of Private Security;16
4.1;Introduction: The Concepts of Self-Help and Self-Protection;16
4.2;Historical Foundations;17
4.3;Coming of Age: Private Security;23
4.4;Contemporary Private Security;27
4.5;Discussion Questions;29
5;Chapter 2. Regulation, Licensing, Education, and Training: The Path to Professionalism in the Security Industry;34
5.1;Introduction: The Impetus for Increased Regulation;34
5.2;Federal Regulation;40
5.3;State Regulation;42
5.4;Ethical Considerations;66
5.5;Summary;74
5.6;Discussion Questions;74
6;Chapter 3. The Law of Arrest, Search, and Seizure: Applications in the Private Sector;82
6.1;Introduction;82
6.2;Constitutional Framework of American Criminal Justice;84
6.3;Arrest and Private Sector Justice;85
6.4;The Law of Search and Seizure: Public Police;94
6.5;The Law of Search and Seizure: Private Police;98
6.6;Challenges to the Safe Harbor of Private Security;100
6.7;Constitutional Prognosis for Private Security;118
6.8;Summary;119
6.9;Case Examples;120
6.10;Discussion Questions;121
7;Chapter 4. Civil Liability of Security Personnel;128
7.1;Introduction;128
7.2;The Nature of Civil Liability;131
7.3;Classification of Civil Wrongs/Torts;133
7.4;Remedies under the Civil Rights Act: 42 U.S.C. § 1983 ;172
7.5;PrivateŽ Applications of § 1983;174
7.6;State Regulations as Providing Color of State Law;177
7.7;Summary;185
7.8;Case Examples;185
7.9;Discussion Questions;189
8;Chapter 5. Criminal Liability of Security Personnel;200
8.1;Introduction: The Problem of Criminal Liability;200
8.2;Defenses to Criminal Acts: Self-Help;208
8.3;Procedural Questions;215
8.4;Summary;220
8.5;Case Examples;220
8.6;Discussion Questions;221
9;Chapter 6. The Enforcement of Laws and the Interpretation of Evidence;228
9.1;Introduction: Private Security’s Role in Enforcing the Law;228
9.2;Defining Criminal Liability;228
9.3;Classification of Offenses and Related Penalties;233
9.4;Specific Types of Crimes and Offenses;235
9.5;Evidence and Proof;262
9.6;Summary;275
9.7;Case Examples;275
9.8;Discussion Questions;276
10;Chapter 7. Public and Private Law Enforcement: A Blueprint for Cooperation;284
10.1;Introduction: The Relationship Between the Public and Private Sectors;284
10.2;Positive Programs on Interaction and Cooperation;299
10.3;Recommendations;303
10.4;Summary;307
10.5;Discussion Questions;307
11;Chapter 8. Selected Case Readings;314
11.1;Introduction;314
11.2;Aetna Casualty & Surety Company v. Pendleton Detectives of Mississippi, Inc. 182 F.3d 376, (5th Cir. 1999);315
11.3;Arthur Letourneau et al. v. The Department of Registration and Education et al., 212 Ill. App. 3d 717; 571 N.E.2d 783 (1991);319
11.4;Stephanie P. Austin v. Paramount Parks, Inc., 195 F.3d 715 (4th Cir. 1999);330
11.5;Beverly Jean Whitehead, et al. v. USA-One, Inc., 595 So. 2d 867 (Ala. Sup. 1992);344
11.6;Burdeau v. Mcdowell, 256 U.S. 465; 41 S. Ct. 574; 65 L. Ed. 1048 (1921);349
11.7;State of Minnesota v. Jeffrey Scott Buswell, 449 N.W.2d 471 (Minn. App. 1989);357
11.8;Kelley et al. v. Baker Protective Services, Inc., 198 Ga. App. 378; 401 S.E.2d 585 (1991);365
11.9;Leroy Ross v. Texas One, 796 S.W.2d 206 (Tx. App. 1990);367
11.10;Marta Rivas and Alberto Rivas v. Nationwide Personal Security Corporation, 559 So. 2d 668, 15 Fla. L. Weekly D 871 (Fl. App. 1990);378
11.11;N.C. Private Protective Services Board v. Gray, Inc., D/B/A Superior Security, 87 N.C. App. 143; 360 S.E.2d 135 (1987);380
11.12;Andrew J. Neuens v. City of Columbus, 169 F. Supp. 2d 780 (S.D. Ohio, 2001);384
11.13;Barry Walker v. May Department Stores Co., 83 F. Supp. 2d 525 (E.D. Pa. 2000);399
11.14;Kyong Wood and Sheila Copeland v. The City of Topeka, Case No. 01-4016-SAC (Kansas 2003);405
11.15;The People v. Virginia Alvinia Zelinski, 24 Cal. 3d 357; 594 P.2d 1000 (1979);411
12;Appendix 1. Florida Department of State„Division of Licensing;418
13;Appendix 2. Private Security Professional Associations and Groups;438
14;Appendix 3. Select State Licensing Forms for Security Professionals;444
15;Index;478