Crime Prevention Part I LIABILITIES ©TCLEOSE Course #2101 Crime Prevention Part I Curriculum is the intellectual property of ICJS (2010)

Crime Prevention Part ICrime Prevention Part I

LIABILITIESLIABILITIES

©TCLEOSE Course #2101 Crime Prevention Part I Curriculum is the intellectual property of ICJS (2010)TCLEOSE Course #2101 Crime Prevention Part I Curriculum is the intellectual property of ICJS (2010)

Institute for Criminal Justice StudiesInstitute for Criminal Justice StudiesInstitute for Criminal Justice StudiesInstitute for Criminal Justice Studies

Institute for Criminal Justice StudiesInstitute for Criminal Justice StudiesTexas School Safety CenterTexas School Safety Center

Institute for Criminal Justice StudiesInstitute for Criminal Justice StudiesInstitute for Criminal Justice StudiesInstitute for Criminal Justice Studies

Institute for Criminal Justice StudiesInstitute for Criminal Justice StudiesTexas School Safety CenterTexas School Safety Center

LEARNING OBJECTIVESLEARNING OBJECTIVES• Learning Objective: The student will obtain a basic

understanding of vicarious liability and how it applies to him/her as a crime prevention practitioner

• Learning Objective: The student will be able to define liability.

• Learning Objective: The student will be able to describe his/her responsibility for his/her actions and recommendations

• Learning Objective: The student will be able to define professional responsibility.

• Learning Objective: The student will be able to explain that there are no guarantees that a specific crime is preventable.


LEARNING OBJECTIVESLEARNING OBJECTIVES• Learning Objective: The student will be able to identify

her/his responsibilities and liability, if he/she makes a security recommendation that: is a conflict with life safety codes, violates city ordinances, state or federal law; results in property loss, personal injury or death and/or is determined to be inadequate.

• Learning Objective: The student will be able to identify a key element of crime prevention which is ‘reducing the opportunity” for crime to occur.


FOREWARDFOREWARDCrime prevention is the anticipation, recognition, and appraisal of a crime

risk and the initiation of action to remove or reduce it. Reducing opportunity is a key element in

successful crime prevention. Reducing criminal opportunity is the basis for your advice and recommendations; however, there are no guarantees! .


FOREWARDFOREWARD

We are in the business of

deterring crime, but we we cannot guaranteecannot guarantee that a that a specific crime is preventablespecific crime is preventable. No home or business can be

made crime proof.©TCLEOSE Course #2101 Crime Prevention Part I Curriculum is the intellectual property of ICJS (2009)TCLEOSE Course #2101 Crime Prevention Part I Curriculum is the intellectual property of ICJS (2009)

LIABILITYLIABILITY is defined as: Something for which one is legally Something for which one is legally obligated or responsibleobligated or responsible.

VICARIOUS LIABILITYVICARIOUS LIABILITY is defined as: Performed or endured by one person substituting for another: acting in place of or for someone else; delegating; substituted something for which one is legally obligated or responsible.

LIBILITIESLIBILITIES


Individual officer responsibility for Individual officer responsibility for your actions and your actions and recommendationsrecommendations::

As law enforcement professionals we must know the laws and codes that are related to our work, more especially in Crime PreventionCrime Prevention, such as life safety codes, city ordinances, state and federal laws.

LIBILITIES LIBILITIES – Cont’d– Cont’d::


Professional ResponsibilityProfessional Responsibility: The Crime Prevention practitioner must consider the reality of proving the adequacy of a recommendation in a court of law.

No home or business can be made No home or business can be made absolutely crime proof.absolutely crime proof. (No guarantees) (No guarantees)

Select your words with caution, care Select your words with caution, care and concernand concern..

Make realistic recommendationsMake realistic recommendations..




Professional Training:Professional Training:

Realistic: Inclination towards Realistic: Inclination towards literal truth and pragmatism. literal truth and pragmatism. Artistic representation felt to be Artistic representation felt to be visually accurate.visually accurate.

Foresee ability: To see or know Foresee ability: To see or know beforehand; anticipate or beforehand; anticipate or envision.envision.


Foresee ability of HarmForesee ability of Harm (Negligence) “Anticipation of consequences is a necessary element in determining not only whether a particular act or omission is actionably negligent, but also whether the injury complained of is proximately caused by that act or omission.”

The ability to have foreseen and preventedthe harm is determinative of responsibility!


Foresee ability of InjuryForesee ability of Injury (NegligenceNegligence) “Foresee ability is what distinguishes cause from proximate cause. It has been repeatedly stated that foresee ability or anticipation of injury is necessary element of proximate cause. One is responsible for only those consequences of his/her conduct he/she have foreseen or anticipated.


Natural and Probable Natural and Probable ConsequencesConsequences (NegligenceNegligence): The foresee ability requirements of proximate cause are met if a person of ordinary prudence exercising ordinary care should have reasonably anticipated and foreseen that the accident (Or similar one), would occur as a natural and probable consequence of his/her act.



Ordinary Negligence distinguished Ordinary Negligence distinguished as:as: failure to exercise the degree of care that a person with ordinary prudence would exercise under the same or similar circumstances.

Gross NegligenceGross Negligence distinguished as: distinguished as: the entire want of care that would raise the belief that the act or omission complained of was the result of conscious indifference to the rights or welfare of the person(s) affected by it.


You are responsibleYou are responsible and liableliable if you make a security recommendation that:

1.Is conflict with life safety code.

2.Violates federal, state, county or city laws and/or city ordinances.

3.Results in property loss, personal injury or death.

4.Determined to be inadequate



A study of civil cases highlights court rulings on negligence, gross negligence, and foreseeability. Many of these case are settled out of court.

19741974 – Connie FrancisConnie Francis (Movie & TV Star) won a lawsuit after she was sexually assaulted in a Long Island motel room. Jury believed the hotel to be negligent in not providing adequate security. (Sliding glass door easily opened from outside).

LIBILITY CASE STUDIESLIBILITY CASE STUDIES

19871987 – Apartment Security and Parking Lot Security Lighting- Tarrant County, Texas, Case No. 17-100421-86, ROBERTS V. CLARK FINANCIAL CORPORTION. A female victim was attacked and beaten while walking from the parking lot to her apartment. She claimed inadequate lighting in the parking lot. A security guard at the complex had previously suggested adding more lights to the part of the parking lot where the woman was assaulted. The building is in a high-crime area. She settled for $75, 000 (Security Law Newsletter 1987, Vol. 7, No.12, 137).


19871987 – Residential Security and Failure to Warn- Harris County, Texas, Case No. 87-36214, KAVANAUGH V. FOGLEMAN MANAGEMENT KAVANAUGH V. FOGLEMAN MANAGEMENT CORPORATIONCORPORATION. Victim’s apartment was burglarized and she was raped. She claimed the management failed to warn tenants about 32 previous claims, including 13 burglaries committed to the premises. The company failed to increase security after given notice of the prior claims. The victim settled for $350, 000 plus monthly lump sum payments for 20 years.



19851985 – Residential Security, Failure to Warm and Key Control- Harris County, Texas, Case No. 85-34441, DAVIS V. MANIVEST CORPORATION. A burglar who dropped his passkey on the way out of her apartment rapped victim. She claimed the apartment management was negligent in issuing passkeys and notifying tenants of the “pass-key” burglaries on the premises. Another female tenant was rapped 12 days earlier, but management decided not to warn other tenants for fear of bad publicity. Settled for $835,000..


KEY CONTROLKEY CONTROL

19871987 – Apartment Security and Parking Lot Security Lighting- Tarrant County, Texas, Case No. 17-100421-86, ROBERTS V. CLARK FINANCIAL CORPORTION. A female victim was attacked and beaten while walking from the parking lot to her apartment. She claimed inadequate lighting in the parking lot. A security guard at the complex had previously suggested adding more lights to the part of the parking lot where the woman was assaulted. The building is in a high-crime area. She settled for $75, 000 (Security Law Newsletter 1987, Vol. 7, No.12, 137).


19981998 – Hospital Security Lighting –Grand Prairie, Texas, GUTKOWSKIV. GRAND PRAIRIE HOSPITAL. The victim pulled into the hospital parking lot at night where she was robbed and shot in the head. She claimed the hospital had inadequate security lighting to deter criminal activity. The case settled out of court...


SECURITY LIGHTINGSECURITY LIGHTING

WhyWhy are there no guarantees that any specific crime is preventable?

What is a “KeyKey” element of crime prevention?

Reducing the opportunity for Reducing the opportunity for a crime to occur!a crime to occur!



YYOOUURR Q QUUEESSTTIIOONSNS

ANY QUESTIONS?ANY QUESTIONS?


DEFINE & PROCESSDEFINE & PROCESSExplain your basic understanding of vicarious liability and how it applies to you as a crime prevention practitionerDefine liability. Describe your responsibility for your actions and recommendations Define professional responsibility. Explain why there are no guarantees that a specific crime is preventable.Identify her/his responsibilities and liability, if he/she makes a security recommendation that: is a conflict with life safety codes, violates city ordinances, state or federal law; results in property loss, personal injury or death and/or is determined to be inadequate.


• Black’s Law Dictionary. (Sixth Edition) 1990 Published by West Publishing Company, 50 West Kellogg Blvd., St. Paul, MN 55164-0526

• Home Office Crime Prevention Training Centre. Stafford, England, miscellaneous material. 1

• Security The Magazine for Security Decision-Makers. 1986. “Cutting Your Liability Risk” by Michael Thompson. (ISSM 0037-0703). Published by The Cahners Publishing Company, 275 Washington Street, Newton, Massachusetts 02158-1630, William M. Platt, President. 54

• Security Law Newsletter. Published by Crime Control Research Corporation, 1063 Thomas Jefferson Street, N. W., Washington, DC 20007, Lawrence W. Sherman, President. 1987, Vol. 7, No. 5, 58,1987,Vol. 7, No. 3, 33, 1988,Vol. 8, No. 6,66,1989, Vol. 9, No. 1, 145-146, 1987, Vol. 7, No. 12,137, 1989,Vol. 9, No. 7, 83, 1988, Vol. 8, 6, 66-67, 1988, Vol. 8, No.4, 44-45, 1988, Vol. 8, No. 5, 54-55, 1988, Vol.8, No.4, 43-44, 1986, Vol.6, No.12, 173, 1986,Vol.6, No.8, 120-121.

• Texas Jurisprudence. 3rd Ed. Published by Bancroft-Whitney Company. 357-35; 359-398;400-401; 464-465.

SOURCESSOURCES


Contact InformationContact Information

INSTITUTE for CRIMINAL JUSTICE STUDIES350 N. Guadalupe, Suite 140, PMB 164

San Marcos, Texas 78666.

512-245-6232 www.criminaljusticestudies.com


http://www.criminaljusticestudies.com/

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Crime Prevention Part I LIABILITIES ©TCLEOSE Course #2101 Crime Prevention Part I Curriculum is the intellectual property of ICJS (2010)