Explain why the law of crimes and the constitutional framework, may be ill-suited to the private security industry while civil consequence many be felt more keenly.
Order Description
double spaced, with typical 1 inch margins and 12 point font.
Each answer must prove its argumentation by the use of our texts (and court cases), by direct quote and proper citation.
Each answer, in order to be acceptable, must contain at least 5 sources and 15 citations.Answers must be substantive- that is driven by facts, legal arguments, legal case law and well proven legal tests.
Materials are Limited to our Texts and Case Law.
Citation to texts and case law using an approved form and style of citation and citation abbreviation is required.
Please only use the reference that I provided as following;
Required Resources
Nemeth, Charles P. Private Security and the Law, 4th Edition, year 2012, at page 301-334; 362-374; 589-594
Ross, Darrell L. Civil Liability in Criminal Justice, 6th Edition, year 2013
Vile, John R. A Companion to the United States Constitution and Its Amendments, 6th Ed, year 2015
For review:
People v. Zelinski can be found at: https://scocal.stanford.edu/opinion/people-v-zelinski-23149
Burdeau v McDowell can be found at: https://supreme.justia.com/cases/federal/us/256/465/case.html
Minnesota v. Buswell can be found at: https://law.justia.com/cases/minnesota/supreme-court/1990/c5-89-555-2.html
Question;
Private security has been the target of some creative legal tests when assessing culpability in matters involving behavior outside of traditional constitutional scrutiny. Aside from the criminal context, the industry has been kept in check by various civil remedies and actions. Explain why the law of crimes and the constitutional framework, may be ill-suited to the private security industry while civil consequence many be felt more keenly. Explain whether the economic outlook of the private security sector may be more apt to consider the civil consequence over these traditional remedies applied to the public sector.
Provide an overview of the common tests or threads of legal arguments encountered in civil laws and civil actions. Is it fair to say that the civil laws level of intentionality and burdens may be easier to prove than the criminal case? Is it also fair to argue that the industry is quite likely to err civilly more than criminally falter? What types of civil cases are commonly witnessed in the industry? And how do those cases provide a means to control professional behavior and promote professionalism in the industry.
Of the types of civil actions available, which appears the most often scenario in the day in the life of a security company. Why? What are the best preventative steps to minimize these legal costs?
Finally, discuss the role of damages in the efficacy of the remedy. Do damages matter to the private security owner and operator? Lay out precise case law examples in which damages have been awarded. Do these sums respect the seriousness of the injury with the dollar sum awarded?
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