Civil liability and Private Police_Week 2_Amanda Jensen - 1...

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Civil Liability and Private Police
Amanda Jensen
SEC/351
12/12/2016
Julie Martinez

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Civil Liability and Private Police
Private police (security officers) do not have the same authority as a public police officer.
Because of this, there is a greater chance of civil liability as a security officer has little more
rights than a citizen. A security officer must be aware of the difference between civil and
criminal law; therefore, a security officer must also understand what a tort is by the definition of
law. Security professionals must be aware of how private security can be affected by liability
and civil liability. By obtaining an understanding of civil and criminal laws as well as liabilities,
civil and legal, measures can be put in place to mitigate organizational and institutional liability.
The difference between civil and criminal law:
There are two main classifications of law – civil laws and criminal laws. Civil laws
govern disputes between two different parties. Criminal laws govern crimes and wrongs
committed against the government, state or community peace and safety.
In a civil case, two parties appear in front of the judge seeking a ruling. There is the
plaintiff, who is the one with claims that the other party, the defendant, has failed to carry out a
legal duty or has done some personal wrong to the plaintiff (FindLaw, 2016). At this time the
plaintiff could request for the court to ensure that the legal duty owed is carried out or that the
defendant is ordered to compensate for the perpetrated offense. Civil cases are presented in
federal as well as state courts. In a general civil case, it would be presented in a state court. A
civil case that would be presented in a federal court could be if the plaintiff brought forth a civil
issue with a defendant, claiming a violation of federal laws or constitutional rights (FindLaw,
2016).
In a criminal case, a person is accused of and charged with, a criminal offense. Crimes
are seen at local, state and federal appellate courts. The two main parties that participate in the

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courtroom drama that is criminal cases besides the judge, are the prosecution and the defense
(FindLaw, 2016). The prosecution is the party that presents the case against the party who has
allegedly committed a crime, the defendant. The defense is the party that presents a case for the
defendant. Prosecutions job is to build a case against the defendant to prove guilt or negligence,
beyond the shadow of a doubt, to the judge and jury. The defense’s job is to prove innocence or
just cause, beyond a shadow of a doubt, to the judge and jury. In criminal cases, the defendant