Criminal and Civil Law Impact on Security Management - Essay Example

Running Head: CRIMINAL AND CIVIL LAW Compare & Contrast Criminal and Civil Law and Their Impact on Security and Security Management within an Organisation Institution Date Due: Compare & Contrast Criminal and Civil Law and Their Impact on Security and Security Management within an Organisation Generally law can be defined as an entity made up of rules and regulations which are put to work by a specified institution. Though it might not be realized by many the law exists everywhere. It is through the law that economy, the political aspect and the social aspect of peoples lives are defined and shaped. It is by the law that people know their rights and the limitations of their actions and it is by the same laws that judgement is laid. There exist a number of laws which include: criminal law, contract law, property law, common laws, administrative law, constitutional law and international law. These are among the basic laws that govern our activities, actions towards each other and actions towards our government and towards other governments. Laws are mainly set up by legal systems which base the laws on responsibilities and rights of a society (Cazemier, 1999). The legal systems vary from one country to the other thus creating a disparity on what informs the law. For instance, in some countries the laws will be mainly based on religion, culture and traditions. It can therefore be said that the law is a rich contributor towards studies in legal history. The law thus brings up complex issues that relate to justice, fairness and equality. In democratic countries the law is mainly interpreted by three main bodies of government which include: the legislature, the executive and the judiciary. For a country thereby to deliver services the military, the government’s bureaucracy and the police are a necessity. All these organs are made by the law and are bound to the law (Haelterman, 2000). Starting off with criminal law also referred to as the penal law, it constitutes laws made by the congress which illegalise certain behaviour which are punishable through imprisonment or fines. Criminal law can also be defined as a body of common law and statutory which mainly deals with crime and its legal punishment. For an individual to be found guilty as per the criminal law, it must be proved by the prosecution that the defendant intentionally did the crime. The criminal law consists of four main theories of criminal justice: deterrence, incapacitation, punishment and rehabilitation. Criminal law is therefore a necessity this because of its nature of differentiating between civil wrongs from crimes (Brodeur & Gill, 2003). This law therefore is the main regulator of human behaviour as defined by the social norms of a society. To enforce the criminal law most governments have set out a criminal procedure, this is mainly meant to describe and outline the order in which the protocol of criminal justice is enforced. Crimes are normally grouped as misdemeanours or felonies this is mainly based on their nature and the utmost punishment applicable. A felony can be described as a crime that involves a severe misbehaviour that is liable to be punished by imprisonment for over a year or death. Felonies are grouped into subclasses based on the degree of punishment. The crimes that are not in the group of felonies are classified in the group of violations or misdemeanours (Post & Kingsbury, 1991). A misdemeanour can thereby be defined as a misbehaviour for which punishment is prescribed for a period of less than 1 year imprisonment. Other minor offences are considered to be violations, they may include: parking and traffic inflations and are inclusive in the criminal law. The criminal law is mainly meant to safe guard the state; the government’s rights. It should nevertheless, be noted that the criminal laws should not contravene the constitution (Gill, 1996). When classifying behaviour as criminal the legislatures certify that the grouping has some relation in terms of safety and welfare of the public. Criminal laws should thus define crime with certainty this is because of the stern punishment that is attached to them. The people and the courts are hence supposed to have a precise comprehension of the prohibition and requirements of the criminal law. The basics of criminal law should be precisely stated and the law show and set out reasonable standards of guilt. If the language used to define a law is not clear then the statute might be declared null due to vagueness (Scarman Centre for the Study of Public Order 1997). The court usually measures the certainty of criminal law from the eyes of an individual of normal intelligence who is might be judged by the statute. Two elements are necessary so as to find a person guilty as per the criminal law: a criminal intent and an overt criminal deed. An overt act is complete when the defendant knowingly, or recklessly or purposely does a thing that is prohibited by the law. An action is termed as purposeful when the doer does it consciously or does it with an objective of getting a certain result. Normally an individual will not be convicted for a crime unless he is conscious of all the facts that qualify his conduct to be criminal (Ministry of Justice, 1997). When a person fails to recognise facts of a law then he is charged for negligence. Negligence brings up criminal charges where a person does an unreasonable risk or he fails to act. Most of the criminal statutes recommend that the particular crime be done with conscious of the deed’s criminality and criminal intention. Laws that are silent on the criminal intent are referred to as strict liability. Conspiracy is an additional charge to intent of crime. The prosecution has a responsibility of proving the defendant beyond reasonable doubt. The criminal law is mainly considered to be offences not only affecting an persons but also the society at large. With the considerable change of the modern society criminal laws have been adjusted to fit with the research on humanity based on the social sciences. For instance the international court was mainly set to try cases against humanity (Os RSE & van R.N.R. 1998). Conversely, civil law is a total opposite of the criminal law. Civil laws for instance, are not punishable by imprisonment. While in the criminal laws a person will be charged based on the intent and the act, for the civil law an individual may be charged even when there was no intent. Also in the part of civil law the wrong committed is usually between two people and their personal rights under the law that rules the entire public. The civil law is the basic legal system used in most of the countries. The civil law is mainly base on codifications of a constitution or laws passed in parliament. The punishment for a civil wrong is usually lesser or lenient, thus the prosecution does not have the obligation of proving an offender as being guilty beyond reasonable doubt. Torts also referred to as delicts fall in the class of civil wrongs. Torts usually come up from the act of one person breaching an obligation to another individual or the infringing of a person’s legal right. Torts also involve deeds that are intentionally committed this may include: battery, assault, trespass and defamation (Huberts, 1998). It thereby comes out that for law enforcement to be achieved there has to be a security and security management. The law and security are almost directly correlated thus they mutually gain from each other. Security managers and lawyers are professionals in different fields which are somehow related. Security managers mainly deal with issues pertaining to security. These issues relate to: investigations, patrols, inspections, supervision of guards and security clearance. Some security managers also act as salespeople and security educators. This mainly entails the marketing and selling of security as a cost saving investment (United Nations Development Programme,2005). In the case of an organizations security and security management the security managers set goals that are in line with the top goals of the organization. It therefore becomes a challenge for the security managers to draw a balance between doing the security tasks and aligning their tasks with the strategic needs of the organisation. For the needs of the organisation to be met, it is therefore necessary for the security manager to identify the vital areas of the organization (Gondles, 1999). It is therefore clear that for an organization’s security success it is the responsibility of the security manager to be knowledgeable on matters pertaining to the civil and criminal laws. This is important because the actions of the whole organisation should be in line with the laws. It thereby comes out that even though the security managers are seen as people just dealing with security, it is clear they have a responsibility of doing other law involving tasks. Security management mainly deals with security aspects and managing of security of an entity. The security department therefore ensures that the organization is not victimized and is out of any criminal risk and at the same time protects the employers of the entity (Braithwaite, 1999). With the increasing level of lawsuits against security officers and organizations it is therefore necessary for the security managers to educate the organization’s staff on the laws. Security officers also need to be informed about the tort group of law. This should involve cases as stated earlier: false imprisonment, battery, arrest, defamation, invasion of privacy among others. For the purpose of public relations of an organisation it is necessary for the security officers to be quite cautious while carrying out their duties so as to avoid any legal liability. The security management therefore needs to inform its staff on all matters relating to criminal and civil law. Under the civil law, an employee can be detained in a way that is reasonable and within a reasonable period of time this is if the person is believed to have stolen. In such a case if the person is detained for a longer period than is allowed the security officer will thereby be liable to a legal liability. In case where an officer intends from a crime which was about to be committed, the officer may be charged with solicitation of an unlawful act or conspiracy in a criminal act. While the public police officer may be handling general crime on the street the security officer may be faced with other organisational crimes such as fraud (Clough & Mulhern, 1999). The organisational security officer is thus faced with a challenge of solving internal crimes of an organisation. Fraud is therefore the act of giving false information or altering of a financial document in order to deceive an organisation or the government. Fraud is regulated by penal and social laws which define the deeds related to it as punishable. Security can be generalized to be aimed at preventing acts that are illegal as defined by society and offering protection against harmful things. It can be noted that the security officer is somehow limited by the law but he is also advantaged by the fact that he is not obliged to serving the law. The security officer only has a responsibility of serving the organization. On the other hand the security managers handle issues that deal with information security. In the current world most of the organizational security issues are brought about by information. The information dealt with may involve issues such as: business continuity, risk management, governance, physical security and legislative compliance. The criminal and civil laws have therefore led to a great investment by organizations in quality security department. The organizations are thus aware of the rights of the employees, customers and other related parties. This thereby helps in maintaining law and order and avoiding of unnecessary legal liabilities. The organizations are also made to realize that they are not above the law but can also be charged case they break the law (Leidse Instellingen 1996). The criminal and civil laws have also obliged the organizations to run their businesses or functions in a manner that is lawful as per the law of the land, this making it easier in avoiding reckless behavior. It can thereby be concluded that the criminal and civil laws are a necessity in guiding the actions of the security department of any organization. Organizations should therefore look at enacting security policies and organizational policies that are in line with the statutes of the land. References Braithwaite, J. (1999). Crime, schame and reintegration. Cambridge: University Press. Clough, J. & Mulhern C. (1999). Criminal Law. Sydney: Butterworths. Haelterman, H. (2000). Private investigations and private-detectives. New York: Prentice Hall. Huberts, L.H.J.C. (1998). Blind spots into the police field of practice and the police science. Amsterdam: Gouda Quint Publishers. Gondles, J. A. (1999). "The Federalization of Criminal Justice." Corrections Today (April). Leidse Instellingen (1996). Cadre educational training program for the assistant security manager. Leiderdorp: LOI. Ministry of Justice (1997). Rules and regulations for Private security organizations and Private investigators. The Hague: SDU Uitgevers. Post, R.S. and Kingsbury, A.A. (1991). Security Administration. London: Butterworth- Heinemann. Gill, M. (1996). Risk, Security and Crime Prevention: An International Forum for Developing Theory and Practice? Intercontinental Journal of peril, Security, & Crime Prevention. 1(1): 11-17. Os RSE, van R.N.R. (1998). Essay: Risk management and security management are the same thing?! The Netherlands. Longman Publishers. Scarman Centre of Study of community Order. (1997). Module One: MSc in the Study of Security Management: Introduction to Security Management. Leicester: Leicester University. Brodeur, J. Gill P. (2003). Equality, law, and security: domestic security services in contemporary Europe. London: Ashgate Publishing, Ltd. United Nations Development Programme. (2005). Rule of law and security programme. Mogadishu: UNDP Somalia. Cazemier, J. A. (1999). Security management. San Francisco: The Stationery Office. Read More