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Private Security and the Law
 
 

Private Security and the Law, 4th Edition

 
Private Security and the Law, 4th Edition,Charles Nemeth,ISBN9780123869227
 
 
 

  

Butterworth-Heinemann

9780123869227

9780123869234

640

A comprehensive analysis of private security case law, regulatory oversight, administrative procedures and statutes, with a fresh look at recent developments!

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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

Description

Private Security and the Law, Fourth Edition traces legal developments affecting the private security industry. It examines the industrys staying power and ability to adapt to changes in law enforcement, from street and community protection to the protection of assets, buildings, and people. It considers the roles of law and legal analysis in private-sector justice, and shows how areas such as courts, prisons, policing, and community services are drawn into the world of privatization. The book is divided into eight chapters encompassing topics ranging from the historical foundations of private security to professionalism in the industry. It walks the reader through the laws of arrest, search, and seizure and their applications in the private sector, along with the nature of civil liability and the criminal liability of security personnel. It also discusses the role of private security in enforcing the law and explains how evidence is collected, preserved, and interpreted. Moreover, it compares law enforcement in the public and private sectors and considers the concepts of self-help and self-protection, as well as the constitutional framework of criminal justice in the United States. Other chapters address the place of arrest in private sector justice, challenges to the safe harbor of private security, and positive programs for interaction and cooperation between the public and private sectors in law enforcement. Selected cases that have set precedents for private security are also presented. This book is a valuable resource for security managers and traineers, as well as for educators.

Readership

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

Charles Nemeth

JD, Ph.D., LL.M

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

View additional works by Charles Nemeth

Private Security and the Law, 4th Edition


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: The Path to Professionalism in the Security Industry

    Introduction: The Impetus for Increased Regulation

    Federal Regulation

    State Regulation

    Ethical Considerations

    Summary

    Discussion Questions

    Notes

3. The Law of Arrest, Search, and Seizure: Applications in the Private Sector

    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: A Blueprint for Cooperation

    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




Quotes and reviews

"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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