Private Security and the Law

Private Security and the Law

4th Edition - October 13, 2011

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  • Author: Charles Nemeth
  • eBook ISBN: 9780123869234
  • Hardcover ISBN: 9780123869227

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Description

Private Security and the Law, Fourth Edition, is a unique resource that provides a comprehensive analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. It is an authoritative, scholarly treatise that serves as a solid introduction for students regarding the legal and ethical standards that shape the industry. The book takes you step-by-step through the analysis of case law as it applies to situations commonly faced by security practitioners. It describes the legal requirements faced by security firms and emphasizes the liability problems common to security operations, including negligence and tortious liability, civil actions frequently litigated, and strategies to avoid legal actions that affect business efficiency. It also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that are likely to intensify in the future. New features of this edition include: a chapter on the legal implications of private contractors operating in war zones like Afghanistan; updated coverage of statutory authority, as well as state and federal processes of oversight and licensure; and special analysis of public-private cooperative relationships in law enforcement. A historical background helps readers understand the present by seeing the full context of recent developments. This book will appeal to: students in physical security, security management, and criminal justice programs in traditional and for-profit schools; security professionals; and those working in law enforcement.

Key Features

  • Authoritative, scholarly treatise sheds light on this increasingly important area of the law
  • Historical background helps readers understand the present by seeing the full context of recent developments
  • National scope provides crucial parameters to security practitioners throughout the US
  • NEW TO THIS EDITION! A chapter on the legal implications of private contractors operating in war zones like Afghanistan, updated coverage of statutory authority, updated coverage of state and federal processes of oversight and licensure, special analysis of public-private cooperative relationships in law enforcement

Readership

Students in Physical Security, Security Management, and Criminal Justice programs in traditional and for-profit schools; security professionals; law enforcement

Table of Contents

  • 1. Historical Foundations of Private Security

    Introduction: The Concepts of Self-Help and Self-Protection

    Historical Foundations

    Coming of Age: Private Security

    Contemporary Private Security

    Discussion Questions

    Notes

    2. Regulation, Licensing, Education, and Training

    Introduction: The Impetus for Increased Regulation

    Federal Regulation

    State Regulation

    Ethical Considerations

    Summary

    Discussion Questions

    Notes

    3. The Law of Arrest, Search, and Seizure

    Introduction

    Constitutional Framework of American Criminal Justice

    Arrest and Private Sector Justice

    The Law of Search and Seizure: Public Police

    The Law of Search and Seizure: Private Police

    Challenges to the Safe Harbor of Private Security

    Constitutional Prognosis for Private Security

    Summary

    Discussion Questions

    Notes

    4. Civil Liability of Security Personnel

    Introduction

    The Nature of Civil Liability

    Classification of Civil Wrongs/Torts

    Remedies under the Civil Rights Act: 42 U.S.C. §1983

    Summary

    Discussion Questions

    Notes

    5. Criminal Liability of Security Personnel

    Introduction: The Problem of Criminal Liability

    Defenses to Criminal Acts: Self-Help

    Summary

    Discussion Questions

    Notes

    6. The Enforcement of Laws and the Collection, Preservation, and Interpretation of Evidence

    Introduction: Private Security’s Role in Enforcing the Law

    Defining Criminal Liability

    Classification of Criminal Offenses and Related Penalties

    Specific Types of Crimes and Offenses

    Summary

    Discussion Questions

    Notes

    7. Public and Private Law Enforcement

    Introduction: The Relationship between the Public and Private Sectors

    Positive Programs on Interaction and Cooperation

    Recommendations

    Summary

    Discussion Questions

    Notes

    8. Selected Case Readings

    Introduction

    Notes

    Appendix 1: Florida Statutes (2010)

    Appendix 2: List of Associations and Groups

    Appendix 3: Sample Forms

    Appendix 4: The Law Enforcement-Private Security Consortium, Operation Partnership: Trends and Practices in Law Enforcement and Private Security Collaborations 119-122 (2005)

    Index

Product details

  • No. of pages: 640
  • Language: English
  • Copyright: © Butterworth-Heinemann 2011
  • Published: October 13, 2011
  • Imprint: Butterworth-Heinemann
  • eBook ISBN: 9780123869234
  • Hardcover ISBN: 9780123869227

About the Author

Charles Nemeth

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.

Affiliations and Expertise

Chair and Professor Security, Fire and Emergency Management John Jay College of Criminal Justice, New York, NY

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