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Private Security and the Law, 4th Edition

Book Description

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. Charles Nemeth 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.

*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

Table of Contents

  1. Cover Image
  2. Table of Contents
  3. Title
  4. Copyright
  5. Dedication
  6. Acknowledgments
  7. 1. Historical Foundations of Private Security
    1. Introduction: The Concepts of Self-Help and Self-Protection
    2. Historical Foundations
    3. Coming of Age: Private Security
    4. Contemporary Private Security
    5. Discussion Questions
  8. 2. Regulation, Licensing, Education, and Training
    1. Introduction: The Impetus for Increased Regulation
    2. Federal Regulation
    3. State Regulation
    4. Ethical Considerations
    5. Summary
    6. Discussion Questions
  9. 3. The Law of Arrest, Search, and Seizure
    1. Introduction
    2. Constitutional Framework of American Criminal Justice
    3. Arrest and Private Sector Justice
    4. The Law of Search and Seizure: Public Police
    5. The Law of Search and Seizure: Private Police
    6. Challenges to the Safe Harbor of Private Security
    7. Constitutional Prognosis for Private Security
    8. Summary
    9. Discussion Questions
  10. 4. Civil Liability of Security Personnel
    1. Introduction
    2. The Nature of Civil Liability
    3. Classification of Civil Wrongs/Torts
    4. Remedies under the Civil Rights Act: 42 U.S.C. §1983
    5. Summary
    6. Discussion Questions
  11. 5. Criminal Liability of Security Personnel
    1. Introduction: The Problem of Criminal Liability
    2. Defenses to Criminal Acts: Self-Help
    3. Summary
    4. Discussion Questions
  12. 6. The Enforcement of Laws and the Collection, Preservation, and Interpretation of Evidence
    1. Introduction: Private Security’s Role in Enforcing the Law
    2. Defining Criminal Liability
    3. Classification of Criminal Offenses and Related Penalties
    4. Specific Types of Crimes and Offenses
    5. Summary
    6. Discussion Questions
  13. 7. Public and Private Law Enforcement
    1. Introduction: The Relationship between the Public and Private Sectors
    2. Positive Programs on Interaction and Cooperation
    3. Recommendations
    4. Summary
    5. Discussion Questions
  14. 8. Selected Case Readings
    1. Introduction
  15. Appendix 1
  16. Appendix 2
  17. Appendix 3
  18. Appendix 4
  19. Index