Introduction to Security
Chapter 4
Legal and Ethical Considerations
Prepared by: Matt J. McCarthy
1
Law & Liability in the U.S.


Criminal Law: deals with offenses
against the public (crimes) and fixes
punishments for them
Civil Law: deals with offenses
against individuals, called “torts”,
and seeks restitution for the victim
Prepared by: Matt J. McCarthy
2
3 Categories of Civil Offenses:



Strict liability – refers to instances
where a person is held liable even
though they not have knowingly
done anything wrong
Intentional Tort – an illegal act
committed on purpose; may be
both criminal and civil in nature
Negligence – a failure to use due
care to prevent foreseeable injury/
damages
Prepared by: Matt J. McCarthy
3
Elements of Negligent Liability
o There are differences from state to
state in regards to what constitutes
negligent liability.
o There are, however, 5 basic
elements to most definitions of
negligent liability…
Prepared by: Matt J. McCarthy
4
Elements of Negligent Liability
 Existence of some duty owed
 Foreseeable likelihood of the
incident occurring
 Failure to meet a reasonable
standard of care
 Proximate results – injury resulted
from the failure to protect
 Damages
Prepared by: Matt J. McCarthy
5
Common Civil Lawsuits Brought
Against Private Security:


In order for private security to
protect itself against lawsuits, it is
imperative that they understand
what lawsuits are commonly
brought against them.
In this way, we can structure
training to those areas that we
typically encounter legal problems
in.
Prepared by: Matt J. McCarthy
6
Common Civil Lawsuits Brought
Against Private Security:
 Assault & Battery
 Defamation
 False Imprisonment
 Intentional Infliction of Emotional
Distress
 Invasion of Privacy
 Malicious Prosecution
 Negligence
Prepared by: Matt J. McCarthy
7
The Civil Rights Act - Section 1983

This act, passed in 1871, says that
anyone acting under the authority
of local or state law who violates
another person’s constitutional
rights, can be sued.
Prepared by: Matt J. McCarthy
8
The Use of Force



Security officers are sometimes
required to use force to do their
jobs.
Anytime an officer uses force, they
greatly increase their risk of being
sued.
Thus, it is imperative that officers
follow a use of force continuum.
Prepared by: Matt J. McCarthy
9
Use of Force Continuum
Prepared by: Matt J. McCarthy
10
Liability and Armed Personnel



Security officers are working, much
like their law enforcement
counterparts, in an increasingly
violent society.
This means that the likelihood of an
officer having to use a firearm may
be increasing.
Some agencies are turning to less
lethal weapons to enhance security.
Prepared by: Matt J. McCarthy
11
Less Lethal weapons
These are weapons that are not designed to
kill – however, death may result from their
use if used improperly, enhancing the need
for training.
 CN & CS tear gas
 OC (oleoresin capsicum) spray
 Tasers
 Projectile Launchers
 Specialty impact munitions such as bean
bag rounds, flexible baton rounds
Prepared by: Matt J. McCarthy
12
Trends in Security Liability Lawsuits


The increase in exposure and
importance of security since 9/11
has had a twofold effect on the
industry.
Along with this gain in importance,
the industry has also become a
greater target for lawsuits.
Prepared by: Matt J. McCarthy
13
Lawsuit trends:
 Inadequate premises security – the
number one cause for liabilityrelated lawsuits
 Crimes committed by employees –
usually labeled as negligent hiring,
retention or supervision
Prepared by: Matt J. McCarthy
14
Steps for Reducing Liability:
 Hiring – take care to hire
trustworthy, qualified individuals.
 Setting minimum standards for job
performance
 Establishing clear policies and
procedures
 Training
 Insurance
 Create a liability checklist
Prepared by: Matt J. McCarthy
15
If you are sued…

Common Defenses:



Did not intend to deprive the plaintiff of
a constitutional right
Acted in good faith
Used reasonable judgment at the time
and with valid authority
Prepared by: Matt J. McCarthy
16
Ethics


“There is no right way to do a
wrong thing…”
Ethics refers to standards or
principles of fair, honest conduct.
This may include:



A system of moral principles or values
Rules or standards governing the
conduct of the profession
Accepted standards of right and wrong
Prepared by: Matt J. McCarthy
17
Ethics



Many questions of ethics include
“morals”.
The term “morals” is open to
interpretation, and often are what
people refer to as their conscience.
Moral standards may be:



Constructed by an individual
Set forth by society or culture
Laid down by a religious body
Prepared by: Matt J. McCarthy
18
Developing Ethics

3 Personal ethics-check questions:



Is it legal?
Is it balanced?
How does it make me feel about myself?
Prepared by: Matt J. McCarthy
19
Developing Ethics

3 Organizational ethics-check
questions:



Are we delivering what we promise in
terms of quality and customer service?
Are we selling a product or service that
is harmful to society?
Are we honest in the way we do
business?
Prepared by: Matt J. McCarthy
20
Prepared by: Matt J. McCarthy
21
Ethics and decision making


Pollock (pp. 21-22) suggests five
analytical steps that might be taken
to clarify a dilemma.
Following such a guideline can help
us when dealing with these ethical
issues and dilemmas.
Prepared by: Matt J. McCarthy
22