02 Oct final exam
37041Question 1:
The possibility of being charged with crimes, both felonies and misdemeanors for professional behavior, is certainly not out of the question in matters involving the conduct of private security. Explain the various stages in which criminal culpability might attach in the life of a private security professional? Lay out clear cut examples of both the offenses charges and the typical facts likely to encounter these sorts of charges. At what stages in the career of a private security operative, is this likely reality?
At another place in your response, discuss how these jurisdictions that are civil and criminal, may be mutually applicable to settings in which both are alleged. Give examples of this sort of circumstance. The response should also highlight actual case examples of criminal conduct discussed and dissected in various cases within our texts. Does this scholarship prove or disprove that crimes are an ongoing concern for security personnel?
Finally, lay out detailed examples of how and where the law of crimes and the law of civil actions actually merge and whether or not these principles are driven by exclusive choice or concurrent jurisdiction.
Question 2:
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 law’s 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?
additional information:
*each question 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. There is no place on this exam for opinion without academic rigor.
* Responses must be typed, double spaced, with typical 1 inch margins and 12 point font.
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