Free Essay

Legal Issues Associated with Security

In: Social Issues

Submitted By myezzence
Words 377
Pages 2
The Miranda Rights are the most common legal issues that must be observed when conducting an interview or an interrogation. Suspects are presumed innocent until proven guilty, and they have rights that must be respected. Arresting officers must always inform suspects of their alienable rights. Failure to inform the suspect of his or her rights can lead to legal technicalities that can render any information taken during the suspect’s interview or interrogation null and void. The Miranda Rights provides protection based on a person’s Fifth Amendment rights to prevent self-incrimination. There rights are recited to individuals while being taken under custody. These rights are read,
“You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning” (Criminal Law, n.d.).
A pertinent legal issue associated with security interrogations is the authority to make judgment calls. There had been many debates on interrogation tactics used to elicit a confession from a suspect. The use of torture is a common issue of contention in modern society. The dilemma of whether it is acceptable to use torture to save lives had been debated in courtrooms, senates and public forums with no definite policy set in place. In the interrogations of top Al-Qaida operatives in three military bases, the FBI drew the line against the use of harsh and possibly illegal interrogation methods to obtain information (Associated Press, 2008).
Another legal issue is the use of deceit and trickery in interrogations. According to Reid and Associates, investigators are allowed to make false statements during an interrogation. For instance, investigators can falsely claim they received a testimony implicating the suspect. However, investigators cannot produce fabricated evidences to support their claim. In addition, investigators aren’t permitted in making falsified statements concerning legality issues, for example stating the suspect will receive a light sentence if he or she confesses. “In general, lying to a suspect should be a last resort that investigators often use to overcome persistent but weak denials (Reid, & Associates, n.d.).”

Similar Documents

Premium Essay

Security Issues

... |Security & Ethics | Copyright © 2010, 2009 by University of Phoenix. All rights reserved. Course Description The ethical issues examined in the course include information privacy, accessibility, and ownership from an organizational perspective. Information laws, regulations, and compliance requirements are examined in this course as well as the considerations for creating a safe digital environment within the organization. Policies Faculty and students or learners will be held responsible for understanding and adhering to all policies contained within this syllabus and the following two additional documents: University policies: You must be logged into the student website to view this document. Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Instructor policies will vary by course, so read these carefully to see what your instructor requires. Course Materials Bunting, S. (2008). EnCase® computer forensics: The official EnCE®: EnCase certified examiner study guide (2nd ed.). Indianapolis, IN: Wiley Publishing. Cheeseman, H.R. (2010). Business law: Legal......

Words: 2637 - Pages: 11

Premium Essay

Legal Issue

...Legal Issue 1: Donald v Scrooge A. Case Facts * Scrooge engages Donald Contractors to build a pond in his garden. The contract price is $10,000 and the pond due to be completed on 1st September 2012. * Donald deliberately underestimated the cost and quoted a very low price * Unexpectedly, Donald’s sole employee fell sick and is unable to work for a month The price of materials also increases dramatically * Donald approaches Scrooge and request for an extra $5000 otherwise the pond will not be completed on time * Scrooge reluctantly agrees as his fishes were scheduled to be delivered on 2nd September 2012 and for various reasons it cannot be postponed Here, we will determine if the $5000 requested by Donald is a valid consideration or there is a breach of contract by Donald. B. General Rule 1. Consideration must be sufficient Consideration must be sufficient, defined as something having value in the eyes of the law. Where there is no benefit to the promisor or detriment to the promisee, no consideration is made. The rule was laid in the case Thomas v Thomas (1842). The court ruled that motive should not be confused with consideration and giving the house out of gratitude is not considered sufficient consideration. The rule later applied in White v Bluett (1853). The court held that the father (defendant) was not bound by his promise. There was no consideration for the father’s promise. The intangible benefit of feeling......

Words: 871 - Pages: 4

Premium Essay

Legal Issues in the Firm

...In the 1993 legal thriller “The Firm,” Tom Cruise plays a young attorney, Mitch McDeere, who has accepted an offer to join the prestigious Memphis law firm of Bendini, Lambert & Locke (“The Firm”). Initially, McDeere and “The Firm” appear to be a perfect fit. McDeere is the prototypical young associate. About to complete his Harvard Law degree, McDeere has the soft skills, attractive appearance, and a fetching personality to accompany his intellect. Accordingly, many law firms actively recruit him, seducing him with gifts and praise. The Firm, despite its location in Memphis, seems like a logical choice for McDeere. They pay handsomely, boast a talented legal team, and enjoy decadent facilities and amenities. McDeere is coddled zealously from the firm’s partners, and is given a scenic home and car. Unfortunately, McDeere learns the Firm has a corrupt underbelly that not only is at odds with his personal moral compass, but that could potentially subject him to jail time. As McDeere wrestles with how navigate himself through this decision, he is faced with many of Lawyer’s Model Rules for Professional Conduct. McDeere walks a fine line between seeking to hold Bendini, Lambert & Locke accountable for their misconduct and protecting the confidentiality of his clients. McDeere’s struggles climax when confronted by the FBI, he is forced to choose whether to cooperate with the authorities and risk losing his job and legal license, or to stay with the firm and potentially violate......

Words: 2496 - Pages: 10

Free Essay

Legal Issues

...INDEX Contents Introductory Note Court: Definition Functions of Court Environment Court • Definition • Constitution: • Purpose Power and functions of the Environment Court Practical Scenario of the Environment Court Legal loopholes and deficiencies of the Environment Court Act, 2000 Environment related court in other countries of Indian subcontinent: A comparative study • India: The National Environment Tribunal • Pakistan: The Environment Tribunal • Comparative study Recommendations Conclusion Introductory Note Environmental Law is a source and foundation of orderly response to Global and National environmental problems. International Environmental Law is the principal means by which community of nations builds and expresses international consensus on environment and development challenges. National Environmental Law is the most effective instrument for translating environment and development policies into action. Judiciary is a key mechanism for ensuring legal effectiveness of environmental law. A judiciary well informed of the rapidly expanding environmental law, can play a critical role: in interpretation, development and enforcement of environmental law, enforcing environmental rights, public access to judicial procedures, exchange of judgments, sharing information on environmental law, policy and environmental jurisprudence. The purpose of this assignment is to focus on the function of the Environment Courts of Bangladesh......

Words: 6596 - Pages: 27

Premium Essay

Security Issues

...Front office and guest safety and security Security Issues ---------------------- Security encompasses areas such as security of the property itself, company assets, employees' and customers' personal belongings and valuables, life security, personal security etc.    In all workplaces management stipulates that it is not responsible for valuables and employees personal belongings (their handbags, items kept in the personal lockers, etc.).  Yet management must take all possible measures to prevent theft among employees and of employee belongings through its hiring practices and through the implementation of effective management, human resources and operational policies, such as:   • Background checks of selected applicants • Policies related to employees' entry to, and exit from, the workplace • Spot checks of locker rooms and lockers • Effective supervision and control during the work cycle • Policies related to the discovery of criminal records and wrongdoing among, and by,  employees • Control of people entering and exiting the workplace With regard to guest valuables, management informs guests that the hotel is not responsible for valuables left in the room, advising them to secure these in safety deposit boxes provided by the hotel.  Besides taking care of security issues related to the people they employ (as outlined above), management must undertake some necessary measures, among which: • Providing "secure" (safety) deposit......

Words: 4569 - Pages: 19

Premium Essay

Security Issues

...Onboard Systems Security Issues Embry-Riddle Aeronautical University On-board Systems There are many benefits and there are also some security concerns that need to be addressed when talking about common networks that are used on board an airplane or in this case a passenger plane. These systems can be affected in many different ways which could really cause some problems for the airline and even for the passengers themselves. However, if all of the necessary safeguards are put into place, then nobody should have to worry about whether their network is safe or if it is at risk. The benefits for using a common network are pretty straightforward when you look at it. All of the passengers are able to connect to one solitary network therefore reducing the need for more networks and having connectivity issues while in the air. However, if you have the air traffic controllers and the pilots using the same network as the passengers to maintain the aircraft, then you potentially have a lot of issues if not handled the correct way. According to Kim Zetter, there was an incident that Boeing was involved in and they had a special condition given to them by the FAA that allowed a Boeing 787 to “connect a passenger internet network with networks that control the plane's navigation and maintenance systems (Zetter 2008).” I cannot even begin to describe how dangerous that is regardless of whether you have the correct safeguards in place that do not allow passengers to have......

Words: 516 - Pages: 3

Premium Essay

Legal and Security

...Crystal Walker IS3220 Assignment 2 Network Security Basics When trying to secure a network you will want to understand how the company flows and then work on physical security. The following paper will have suggestions that is important for the network to implement as soon as possible because these are high network risks. By looking at a network diagram the company will surely get attacked if nothing is done to prevent these risks. A network will need a firewall, secure the wireless connection and work on single points of failure. The network will need a firewall between the cloud and the router. A good firewall, configured properly will help screen out hackers, viruses and worms. A firewall will carefully analyze data entering and exiting the network based on your configuration. It ignores information that comes from an unsecured, unknown or suspicious locations. In reference to the diagram a hard ware firewall would be prefer over a software one. Hardware-based firewalls protect all the computers on your network. A hardware-based firewall is easier to maintain and administer than individual software firewalls. While not necessary a security issue there are many parts of the network have single point of failure. Single point of failure is when one piece of hardware goes down so does the whole network. In no part of the diagram does it show any back up to the one router that is the backbone of the whole network. There are other parts of the network that......

Words: 494 - Pages: 2

Free Essay

Legal Issues

...page. Sample document created with MS Word Page 3 of 5 This page is Size Legal 0 1 2 If this was a real document it would have more here. 3 4 Sample: Times New Roman 5 6 Sample: Courier New 7 8 Sample: Arial 9 0 Sample: Times New Roman Bold 1 2 Sample: Courier New Bold 3 4 Sample: Arial Bold 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 Last line on legal page. Sample document created with MS Word Page 4 of 5 This page is Size Legal 0 1 2 If this was a real document it would have more here. 3 4 Sample: Times New Roman 5 6 Sample: Courier New 7 8 Sample: Arial 9 0 Sample: Times New Roman Bold 1 2 Sample: Courier New Bold 3 4 Sample: Arial Bold 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 Last line on legal page. Sample document created with MS Word Page 5 of 5 This page is Size Legal 0 1 2 If this was a real document it would have more here. 3 4 Sample: Times New Roman 5 6 Sample: Courier New 7 8 Sample: Arial 9 0 Sample: Times New Roman Bold 1 2 Sample: Courier New Bold 3 4 Sample: Arial Bold 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 Last line on legal page....

Words: 519 - Pages: 3

Free Essay

Is3350 Security Issues in Legal Context

...Security and Compliance Policy Why is a security and compliance policy important? Businesses would not be in operation without a good security and compliance policy. Businesses need to be able to comply with government and state requirements. Security safeguards employee data, customer data, and business data. Without proper security, a business would compromise the quality of their data. There are several steps to identifying security and compliance procedures. It is necessary to any infrastructure to perform a risk assessment. This identifies any gaps in your infrastructure, classifies what is acceptable risk, and what isn’t. The first step is system characterization. In system characterization, you are identifying system components and their criticality in the environment. Production equipment would have a higher criticality in the event of an outage or virus outbreak versus a test machine which is generally open and does not contain safeguarded information. This process is important and pieces of equipment should be labeled for criticality. Servers need protection in the company, as well as other data center resources such as routers/switches. If a malicious user or rogue user were to interrupt business functionality by gaining access, this is a great risk to business continuity. Threat identification is the next step in a risk assessment. It is important to do port scans, virus scans, and observe permissions in an environment. This helps identify any......

Words: 690 - Pages: 3

Free Essay

Legal Issues in Information Security

... an external auditor certified CardSystems Solutions as Payment Card Industry Data Security Standards-(PCI DSS) compliant. What is your assessment of the auditor’s findings? I personally disagreed with the auditors findings. If CardSysytems Solutions per the report were indeed deemed compliant, proper IP firewalls and antivirus programs would have been active as PCI DSS requires a firewall and an up to date anti-virus which CardSystem Solutions did not. 3. Can CardSystems Solutions sue the auditor for not performing his or her tasks and deliverables with accuracy? Do you recommend that CardSystem Solutions pursue this avenue? No. In 2004 they were PCI DSS compliant. At the time of the attack in June of 2005, they were not certified compliant. 4. Who do you think is negligent in this case study and why? CardSystems Solutions have to be considered the negligent party in the case. CardSystems Solutions is a high profiled company that is expected to comply with the regulations and requirements for properly protecting and storing private and secure data. 5. Do the actions of CardSystems Solutions warrant an “unfair trade practice” designation as stated by the FTC? Yes I believe it should 6. What security policies do you recommend to help with monitoring, enforcing, and ensuring PCI DSS compliance? SNMP along with MAC filtering. 7. What security controls and security countermeasures do you recommend for CardSystems Solutions to be in compliance with...

Words: 437 - Pages: 2

Premium Essay

Legal Issues

... LEGAL ISSUES Student’s Name Institution Date: 2nd March, 2016 Legal Issues Introduction A contract is a voluntary and legal agreement between two or more parties which is intended to be enforced by the law. A contract must have some essential elements for it to be valid. These elements include offer and acceptance, consideration, intention to be bound, free consent, certainty and capacity. This paper explains these principal components of a contract and highlights a variety of issues involved in enforcing employment contracts under the UK law. Question 1 Offer is the first element which makes a contract to be valid. One party offers to do a clearly defined and specific task. After presenting an offer, there should be acceptance. It is the second element in a contract where the other party accepts the offer provided. When the parties are clear concerning the offer they should make, acceptance will be made in agreement with the rules being proposed in the contract. The acceptance may be in written form, verbal or just implied (Calamari & Perillo, 2004). Consideration is also an essential element in a contract. It means that the other party should acquire something in return for an exchange, which would be made between either persons or parties. For example, a client willing to buy a car from a potential seller agrees to pay a certain amount of money as a consideration. It poses no threat to both persons. Another primary element in a contract is the certainty......

Words: 915 - Pages: 4

Free Essay

Legal Issues

...Legal Issues for Business Organizations Task 1 Situation A-FMLA-Family and medical leave act of 1993 Situation B-ADEA-Age Discrimination in Employment Act of 1967 Situation C-ADA-Americans with disabilities ACT of 1990 Situation A-FMLA-Family and medical leave act of 1993 The Family and Medical Leave Act of 1993 (FMLA) is a United States government law that requires secured businesses to give qualified employees job protection and unpaid leave for a predetermined amount of time for qualified medical and family reasons. job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Qualified restorative and family reasons includes: individual or family sickness, family, military leave, pregnancy, appropriation, or the child care situation of a youngster. This law allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, parent, spouse or child. The law also enables the employee to take part of the unpaid leave during the 12-month period for pregnancy or care of a newborn child. In the event of an of newly adopted or foster child, employees are granted a 12-week period of unpaid leave. In order to be eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months...

Words: 979 - Pages: 4

Premium Essay

Legal Issue

...Objectives: Interpret the effect of different legal systems in the world on hospitality foodservice and hotel management. Reflection: Find a current issue and write a one-page summary with your comments. http://www.hospitalitymagazine.com.au/management/5-key-legal-issues-that-affect-the-hospitality-ind Summary: This article is written by Katherine Hawes and is discussing the 5 key legal issues that affect the hospitality industry. In fact, the hospitality foodservice and hotel management industry deals with high pressure; management, service, food preparation, inventory control and so on. Therefore, it has to deal with different legal issues that affect the industry. The first legal issue described in this article is the liquor licence. A liquor licence is the authorization of consumption or sale of liquor. Before a hotel or restaurant can start serving alcohol, it should make sure to be awarded this licence before the opening. If it is taking over an existing licensed establishment, an assignment of this licence to the new owner should be approved. Once the hotel or restaurant have its liquor licence, it is responsible for every client and must ensure that their staff that serve liquor is trained in Responsible Service of Alcohol (RSA) to comply with the General Code of Practice for Liquor. The second legal issue is Music; A licence fee (for the copyright in the song, and the copyright in the recording music video of the song) is required in order for a hotel or......

Words: 611 - Pages: 3

Premium Essay

Legal Issues

...Legal Issues Discrimination of any kind is illegal in the United States; let it be sexual, age, disability, national origin, sexual orientation etc. LVN is bound to face some serious challenges as far as employment discrimination is concerned. LVN’s business model is as such, where it is crucial for its long-term success to employ mostly energetic female staff, mainly as waiters, bartenders, dealers and DJ operators. On the other hand security is highly important for business functionality, highly experienced personal are required to undertake the task and, should be able to deal with any kind of situations, for these position retired veterans are appropriate. Federal law protects employees from sex and age discrimination outlined in thirteenth and fourteenth amendment. The Civil Rights act of 1991 clearly states that workers are protected from intentional discrimination in all aspects of employment. Title VII EEO prohibits discrimination on the basis of sex, where LVN contradicts the law by selective hiring. LVN is protected by unintentional discrimination as the business setting and job specific requirements are job related and permissible by the law. LVN prefers energetic female and experienced male security guard staff for customer attraction. Occupational health and safety (OH&S) is an important legal issue in employment. Because of the line of business and the job role diversity in LVN, Workplace safety is an absolute priority. It undermines productivity and......

Words: 381 - Pages: 2

Free Essay

Legal Issues

...Addressing International Legal and Ethical Issues Addressing International Legal and Ethical Issues CadMex is a global pharmaceutical with over 85 years in the business. They are based in Tampa Florida. They have the ambitions to take their business to a country in South East Asia called Candore. The company the CadMex wants to business is called Gentura. They are well established biotechnology company. This company has over 25 years experienced into their business. This paper will highlight the many situations or challenges an organization faces while conduction business abroad. Other items that will be highlighted in this paper are: the issues involved in resolving legal disputes in international transactions. Also some practical considerations of taking legal action against a foreign business partner based in another country. Last, it will highlight how companies should resolve domestic and international issues differently. There are some issues that arise during resolving legal disputes in international transactions. The first issue to consider is the laws that govern the country. If the country is run by a borderline dictator such as President Arahi Gwendoz that took over Candore in a bloodless coup, the rule might be very difficult to understand. If there are no rules such the Constitution of the United States, there will be a lot of room for a variety of interpretations. Last, “International law has traditionally been defined in very broad terms and not limited...

Words: 1214 - Pages: 5