Civil liability of private security: Enforcer of moral obligations to right legal wrongs

The private security industry in the United States now has approximately twice as many personnel as does the public police. Private Security personnel have authority over the liberty, and sometimes the lives, of customers and employees. Often they exercise this awesome responsibility with little if any background and training. In most instances private security personnel are not considered law officers or peace officers and are, therefore, not bound by the same rules and regulations that apply to public police. More and more frequently, untrained or minimally trained, and basically unqualified security officers are taking actions against customers and employees which are excessive and unreasonable. Without the Constitutional protections which would be available if the act were committed by a public police officer, the only recourse for a private individual against reckless and wanton conduct on the part of private security personnel is a civil action, seeking compensation for the inconvenience caused or injuries received. The courts have found that companies and their security personnel have an obligation to be reasonable in their investigations of suspected criminal violations by employees and customers. Failure to conduct a proper and reasonable investigation will open the individual directing the investigation, and the company authorizing it, to liabililty for the injury their improper actions have caused. Civil liability suits have become the moral enforcer for improper and excessive conduct by private security personnel.     

Sensitive and specific quantification of human genomic deoxyribonucleic acid (DNA) in forensic science specimens: casework examples.

We describe the forensic science application of a method for quantification of human genomic deoxyribonucleic acid (DNA). The two cases cited in this report involve DNA samples extracted from skin tissue and bloodstained clothing recovered from different crime scenes. High-molecular-weight DNA was recovered from both specimens, and the concentrations of these DNAs were estimated to be approximately 0.5 microgram/microL by ethidium bromide/agarose gel electrophoresis. Using the human-specific DNA probe p17H8 (locus D17Z1) to quantify the amount of human genomic DNA in these samples, it is shown that less than 1% of the DNA isolated from the skin tissue is of human origin and that the DNA isolated from the bloodstained clothing is effectively devoid of human DNA sequences. These case examples illustrate the need to quantify not only the total amount of DNA recovered from forensic casework material, but also the proportion of the DNA that is of human origin.     

A survey of the incidence of missing anterior teeth: potential value in bite mark analysis.

Bite mark analysis involves comparison of individual dental characteristics between a dentition and the bite injury. A bite mark injury may result from sexual assault, or physical assault, and defensive injuries, and as such can be used to link a suspect to a victim or vice versa. Missing teeth are one of the characteristics that could implicate or exclude a suspected biter. However frequency data for use by forensic odontologists can only be collated from epidemiological studies. Therefore an audit was undertaken of missing anterior teeth in adult patients (n = 1010) attending for treatment, gathering data that could be more relevant to odontology. One in five of the sample presented with missing teeth that were either replaced with a denture (11%), not replaced (6%) or missing with the gap closed (2%).     

Successor Liability and Asymmetric Information

The doctrine of successor liability transfers tort liabilityarising from the seller's past conduct from the seller to thebuyer. If the buyer has as much information about the liabilityas the seller, all beneficial acquisitions take place and theseller takes the efficient level of precaution. However, ifthe seller has more information about the liability than thebuyer, not all beneficial acquisitions are consummated and theseller takes a suboptimal level of precaution. I argue that,in the presence of information asymmetry, the courts shouldincrease the damages against the (potential) seller to providebetter incentives to take precaution while decreasing the damagesagainst the buyer to encourage more beneficial asset sales.     

The case of the empty body.

Autopsy on an externally intact decomposed body showed empty thoracic and abdominal cavities with no trace of normal organ content. The process producing this previously unencountered situation is discussed.     

Criteria for differentiating self- or other-inflicted injuries of alleged or real victims

A synoptic study of six cases of self-inflicted sharp force injuries is presented, where young, mostly female people had simulated assaults to gain sympathy or other personal advantage. The morphological distinctives of simulated assault wounds from such of real assault are worked out and the common situative and motivative background is cleared up.