Security Essay

This essay has a total of 1099 words and 5 pages.

security



Bill March 28, 2000

Laws are made to maintain order by setting restrictions on conduct and to protect the
rights of parties. There are three types of laws, which are: tort law, criminal law and
contract law. Tort law is a civil wrong, criminal law is a public wrong and contract law
is a wrong against a contract, written or oral.

Tort law is the primary source for the authority of private security officers and the
limitations on such authority. Tort law varies from state to state. The law of torts is
found in both legislation and court developed by common law. Common law is a set of
statutes, which have to be followed and rely on prior court decisions to help us decide on
issues where there is no prior statue or how to interpret what a statue says. Tort law
doesn’t apply specific authority for private security officers (PSO), but does define some
limits on the conduct of PSO. This allows for injured parties to bring lawsuit for
damages and injuries caused by the misconduct of PSO and/or any businesses and
organizations associated with the situation in question. It restrains authority by threat
of subsequent lawsuits. There are three types of torts that are: intentional, negligence
and strict liability. Intentional is when PSO intends to do something to make you
injured. Three examples are false imprisonment, assault and battery. Negligence is the
PSO didn’t act as a reasonable PSO would. There are four conditions or elements for a
negligence lawsuit to succeed: 1) that an established link or duty to the plaintiff
exists; 2) that the defendant breached this established duty; 3) that the breach of duty
by the defendant was the proximate cause of damage or injury; and 4) that the breach of
duty by the defendant resulted in the occurrence of actual damage or injury to the
plaintiff. Strict liability is dangerous activities and product liability, for example
the PSO product is their conduct and if it is not suitable it may be liable to be sued.
Tort law differs from criminal law in that private parties do the suing and the suing
party seeks compensation not punishment for the damages incurred. In court the burden of
proof is much less than criminal.

In criminal law, an action is defined as a “social harm” for which the offender is
answerable to society (not an individual, as in tort law) and is punishable by law.
Criminal law operates as a deterrent to the extent that the law is known, the consequences
of being convicted are sufficient and the criminal justice system operates effectively in
imposing sanctions. Two concepts that are important of a PSO are to acquire working
knowledge of criminal law. First is the legal maxim that everyone is presumed to know the
laws of the state and nation. The second legal concept is that a law must be clear and
understandable so that an ordinary person will know what conduct is prohibited. The
burden of proof in court is beyond a reasonable doubt. Which means that if one-juror
thinks that the person is innocent or guilty and the rest think otherwise, there is a
mistrial and the person gets retried. If the person was to be convicted of a crime beyond
Continues for 3 more pages >>