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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.
- 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
Students in Physical Security, Security Management, and Criminal Justice programs in traditional and for-profit schools; security professionals; law enforcement
1. Historical Foundations of Private Security
Introduction: The Concepts of Self-Help and Self-Protection
Coming of Age: Private Security
Contemporary Private Security
2. Regulation, Licensing, Education, and Training
Introduction: The Impetus for Increased Regulation
3. The Law of Arrest, Search, and Seizure
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
4. Civil Liability of Security Personnel
The Nature of Civil Liability
Classification of Civil Wrongs/Torts
Remedies under the Civil Rights Act: 42 U.S.C. §1983
5. Criminal Liability of Security Personnel
Introduction: The Problem of Criminal Liability
Defenses to Criminal Acts: Self-Help
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
7. Public and Private Law Enforcement
Introduction: The Relationship between the Public and Private Sectors
Positive Programs on Interaction and Cooperation
8. Selected Case Readings
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)
- No. of pages:
- © Butterworth-Heinemann 2011
- 13th October 2011
- eBook ISBN:
- Hardcover ISBN:
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.
Chair and Professor Security, Fire and Emergency Management John Jay College of Criminal Justice, New York, NY
"The information provided is critical to security managers, particularly if they are responsible for premises liability. This book was a pleasant surprise—the best, most comprehensive insight into private security law to date." --Security Management, June 2013
"Private Security and the Law, 4th Edition, is a unique resource that provides analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. This book describes the legal requirements faced in the area of private security. It 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. The text also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that will set pace for future private security laws and regulations. As private security becomes more closely involved in national and international security, cases like Blackwater are examined. The author takes you step by step through the analysis of case law as it applies to situations commonly faced in the private security practice, providing a solid introduction to the legal and ethical standards that shape the industry." --ASIS
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