BCJ 4385, Workplace Security 1
UNIT II STUDY GUIDE
Threats and Legal Aspects to Security
Course Learning Outcomes for Unit II
Upon completion of this unit, students should be able to:
1. Evaluate threats to safety and security within the private, corporate, and
local level.
2. Analyze the legal issues present within the private security profession
and the court of law.
3. Outline various crime causation theories and how this impacts
workplace security.
Unit Lesson
General Overview
Have you ever entered an area or a building and immediately felt as if you were
in imminent danger? Do you remember that feeling you get in your chest and gut
when you almost slip and fall on the wet tile floor in your house? Alternatively,
have you entered a building and felt like you were trying to enter an armory?
Have you ever been stopped in an arena or airport or even a shopping mall and
asked to provide your bag for searching? You’ve probably answered yes to at
least one of these questions. We have all, whether we realize it or not,
experienced threats to our safety and security and benefited from the legal
aspects of safety that help provide ethical standards and expectations for the
maintenance of safety.
Threats to safety and security can be intentional or unintentional and, as such,
have numerous sources. These sources range from accidents and human error,
to natural and environmental disasters, to civil disorder and crime. For example,
identity theft is a major concern since much of the commerce transactions are
now done online. Oftentimes the theft is a result of human error, such as not
shredding documents that contain personal information or not using a secure
web browser to conduct transactions. Human error is also exhibited when
employees do not properly handle merchandise, resulting in its theft, damage, or
lack of repair. Natural disasters are said to be a direct result of “the forces of
nature.” We often see natural disasters in the form of forest fires, earthquakes,
and tsunamis. On the other hand environmental disasters are the result of
hazardous materials being released into the environment. These types of
disasters are the result of some type of hazardous materials being released in
larger amounts into the environment (e.g., oil spill, leakage of nuclear reactors).
Fire and environmental disasters are examples of how the sources of the threats
to security and safety can be hard to identify and/or intertwined. A fire can be
started by lightning, it can result from human error that causes a spark (e.g., a
loose metal chain being dragged across concrete at high speeds), or it can result
from intentional criminal behavior, in which an arsonists sets a fire to cause
widespread damage. An environmental disaster, such as an oil spill, may have
resulted from an accident, such as two ships colliding or some mechanical
failure. Environmental disasters can also be the result of companies ...
BCJ 4385, Workplace Security 1 UNIT II STUDY GUIDE T.docx
1. BCJ 4385, Workplace Security 1
UNIT II STUDY GUIDE
Threats and Legal Aspects to Security
Course Learning Outcomes for Unit II
Upon completion of this unit, students should be able to:
1. Evaluate threats to safety and security within the private,
corporate, and
local level.
2. Analyze the legal issues present within the private security
profession
and the court of law.
3. Outline various crime causation theories and how this
impacts
workplace security.
Unit Lesson
General Overview
Have you ever entered an area or a building and immediately
felt as if you were
in imminent danger? Do you remember that feeling you get in
2. your chest and gut
when you almost slip and fall on the wet tile floor in your
house? Alternatively,
have you entered a building and felt like you were trying to
enter an armory?
Have you ever been stopped in an arena or airport or even a
shopping mall and
asked to provide your bag for searching? You’ve probably
answered yes to at
least one of these questions. We have all, whether we realize it
or not,
experienced threats to our safety and security and benefited
from the legal
aspects of safety that help provide ethical standards and
expectations for the
maintenance of safety.
Threats to safety and security can be intentional or
unintentional and, as such,
have numerous sources. These sources range from accidents and
human error,
to natural and environmental disasters, to civil disorder and
crime. For example,
identity theft is a major concern since much of the commerce
transactions are
now done online. Oftentimes the theft is a result of human error,
such as not
shredding documents that contain personal information or not
using a secure
web browser to conduct transactions. Human error is also
exhibited when
employees do not properly handle merchandise, resulting in its
theft, damage, or
lack of repair. Natural disasters are said to be a direct result of
“the forces of
nature.” We often see natural disasters in the form of forest
3. fires, earthquakes,
and tsunamis. On the other hand environmental disasters are the
result of
hazardous materials being released into the environment. These
types of
disasters are the result of some type of hazardous materials
being released in
larger amounts into the environment (e.g., oil spill, leakage of
nuclear reactors).
Fire and environmental disasters are examples of how the
sources of the threats
to security and safety can be hard to identify and/or intertwined.
A fire can be
started by lightning, it can result from human error that causes a
spark (e.g., a
loose metal chain being dragged across concrete at high
speeds), or it can result
from intentional criminal behavior, in which an arsonists sets a
fire to cause
widespread damage. An environmental disaster, such as an oil
spill, may have
resulted from an accident, such as two ships colliding or some
mechanical
failure. Environmental disasters can also be the result of
companies intentionally
Reading
Assignment
Chapter 2:
Threats to Safety and
Security
Chapter 3:
Legal Aspects of Security
4. Learning Activities
(Non-Graded)
See information below.
Key Terms
Refer to the key terms
within the textbook.
BCJ 4385, Workplace Security 2
dumping hazardous materials in areas that are not equipped to
keep that
material from getting to the water source and having long-term
negative health
effects on people in the area surrounding the dump site.
Untreated mental disorders and substance abuse are also threats
to safety and
security that are often overlooked until a major incident occurs.
While
substance abuse has been labeled a “victimless crime,” persons
under the
influence of a substance can cause great harm and even death to
themselves
and others around them. We see this in the aftermath of
5. vehicular accidents
involving drunk drivers and workplace accidents involving
someone under the
influence of a narcotic or illegally used prescription drug.
Persons suffering
from untreated mental illnesses can pose the same threats to
safety and
security as someone under the influence of a substance. Both
substance
abuse and mental issues are seen as conditions that, when
treated, may result
in significant reductions in the threat risk associated with the
conditions.
Sometimes threats to security and safety are viewed as
“peaceful” and
“harmless” or necessary to promote the cause of an individual
or organization.
Civil disorders fall into this category. We often think of the
“sit-ins” of the 1960s,
of protestors camping out in public places to influence policy,
and workers
going on strike. However, what starts as a “peaceful” civil
disorder can easily
erupt into a riot. Once civil disorders morph into riots they join
the ranks of
many other crimes that threaten societal security and safety.
Such crimes are
violent or non-violent, economic in nature, and victimless.
These crimes occur
nationally and internationally, in “suites” and on the “streets,”
in the workplace
and at home. Theorists have tried to address the casual factors
for crime and
are divided as to whether the causes are psychological (ego
state, personality
6. disorders), sociological (external forces: ecological, social, and
cultural),
physiological (heredity, biochemical, anthropological), or
caused by other
factors (economic, drug, culture, urbanization). Many people
believe that the
answer involves multiple casual factors.
In the United States there have been reactive measures to
address threats to
safety security, regardless of their intent and source. In 1970
the Occupational
Safety and Health Act was enacted creating the Occupational
Safety and
Health Administration (OSHA) which established safety
guidelines that
employers must meet to ensure the provision of a safe and
healthy workplace
for their employees. There is also the existence of civil liability
(strict or
vicarious) that applies, regardless of the intent or who is to
blame. Plaintiffs/
petitioners in civil liability cases are eligible to receive punitive
damages and
compensatory damages. Thus, the jury is able to both punish the
defendant/
respondent for the breech of safety and security and provide
some form of
compensation for the harm and damage experienced by the
plaintiff/petitioner.
Proactive measures to reduce crime-related threats to security
and safety on
the streets (early intervention) and in organizations (loss
prevention and asset
protection) are utilized by public law enforcement and private
security
7. agencies. Many argue that prevention, early intervention, and
deterrence are
the best strategies to address threats to security and safety, and
that
collaboration between law enforcement and security agencies to
implement
and maintain these programs are essential to the success of
maintaining safety
and security in communities.
There are existing laws and statues (tort, contract,
administrative, property,
employment, criminal, arrest, and evidence) that govern how
threats to safety
and security can be monitored, how violations can be addressed
and
prosecuted, and the dispositions that can result if
defendants/respondents are
BCJ 4385, Workplace Security 3
found guilty of violating safety and security. Criminal and/or
civil charges can
be found against persons accused of violating individual and/or
societal safety
and security. There are varying burdens and degrees of proof
(beyond a
reasonable doubt, clear and convincing evidence, preponderance
of the
evidence, and prima facia) that are associated with the type of
charges filed
and the various court proceedings that occur while a case is
being tried.
8. Reference
Ortmeier, P.J. (2013). Introduction to security: Operations and
management
(4th ed.). Upper Saddle River, NJ: Pearson Education.
Questions to Consider
1. How are the intent and the source of a threat to safety and
security
interconnected?
2. What is the difference between threats to safety and security
that are
the result of 1) an accident and human error, 2) natural and
environmental disaster, and 3) disorders and crime?
3. Historically, why has safety legislation been reactive instead
of
proactive?
4. In addition to OSHA, what other safety and threat regulatory
agencies
are needed, and why?
5. How do the burdens and degrees of proof differ between
criminal trials
and civil lawsuits and between the various types of court
proceedings?
6. How is a tort different from a crime?
9. 7. How are the various types of laws utilized to reduce threats
to safety
and security?
Learning Activities (Non-Graded)
1. As a continuation of the Activity in Unit I,, brainstorm about
the legal
aspects associated with the threats to safety and security you
identified. Consider whether it would be a civil or criminal
case, the
types of laws that would apply, the procedure for evidence
collection,
and the types of testimonies that would be given during a trial.
2. Search the internet for a current event that discusses threats
to safety
and security that are similar to the ones you identified in
Activity I.
What are the similarities and differences between the current
event
and your observations? What was the outcome of the current
event?
Do you think the same outcome would result from your
observations?
Why or why not?
Non-graded Learning Activities are provided to aid students in
their course of
study. You do not have to submit them. If you have questions,
contact your