Not Just Guns And Laws

I feel as bad and outraged about the shooting at Marjory Stoneman Douglas school in Parkland, Florida as anyone – I truly do. And I understand the frustration of the students and parents and staff at this school and others across the country who want something – anything – done to prevent such incidents in the future. I have listened to and read the heated comments about this incident, the calls for banning guns and more “gun control” (whatever that means). But I am outraged as much about what I haven’t heard or read.

Because of what I do for a living, I have dissected and analyzed this incident (and most of the others like it) both frontwards and backwards. And what I rarely see (the shooting from Mandalay Bay Resort in Las Vegas being a notable exception) is any outrage directed toward the place where the shooting occurred…in other words, the lack of security which allowed such an event to happen.

Consider just these few issues related to Stoneman Douglas school:

· There was nothing or no one to identify, prevent, restrict or impede the armed shooter from being on the school grounds – no outdoor access control. 

· There was nothing or no one to monitor, identify, screen, prevent, restrict or impede the armed shooter from getting into the school – no perimeter access control. 

· There was nothing or no one to monitor, screen, prevent, restrict, impede or limit the armed shooter from roaming through the school once he got in – no interior access control or response plan. 

· There was the questionable response from the school resource officer who failed to immediately enter the school to engage the shooter.  

But of course the measures needed to remedy these shortcomings – which are unfortunately common at most schools across the country – require more resources, and nobody wants their taxes raised or additional fees imposed.

The point I am trying to make is that there is no single or simple fix to prevent these types of incidents. We need to expend resources to reasonably harden our schools and other “soft targets.” We need to assure that we have adequate plans in place to respond to these kinds of incidents because there is no such thing as perfect or absolute security and such situations will surely be attempted in the future. And perhaps most importantly we need to expend resources to identify and deal with the kinds of aberrant people and behaviors which commit these heinous acts.  

What we don’t have to do is focus all the blame and attention on banning guns and creating more gun laws, because to do so ignores the real roots of the problem.

Being An “Expert”

In the security profession  – or in any discipline really – being an “expert” or “expert witness” is usually not a position to which one aspires at an early age.  It often comes first as an ancillary endeavor, then perhaps as a full-time profession.  It usually comes mid-career, and often endures past career prime and even past normal retirement time.  So how does one “become” an expert?  Is there a course or test that must be taken to “become” an expert?  Here’s the reality:

 

One does not necessarily seek recognition as an “expert;” and “expert” is not a connotation or designation bestowed on oneself – it is status or standing in one’s profession as attested to and recognized and conferred by others.  Therefore, there is – and really can be – no course of study or training program or test that culminates with the title of “expert” since a true “expert” does not become so until the expertise is recognized by others.

 

An “expert” is generally recognized for a composite of professional education, training, experience, expertise, analytical skills, writing skills, presentation skills, involvement in professional organizations, involvement in professional activities as a volunteer, professional and personal integrity, professional and personal credibility – and having a good track record in all the aforementioned.  And in addition to these attributes, “experts” usually have some other traits that are acknowledged by others:   He is the “go-to” guy within his organization;  he is a “go-to” guy within one’s industry and/or among one’s professional peers;  he is actively sought to help with resolving problems or improving operations or developing strategies or developing policies and procedures – being sought to do for others what they should/could be doing for themselves.  He is regarded as the person who will almost undoubtedly do the right thing or have the right answer at the right time.

 

So being the smartest man in the world by self-appointment – even if true – does not make one an “expert” as the term is being used here.  Rather, it is the acknowledgement by others that one is the right person to do a particular job that distinguishes one as an “expert.”

Value In “Dummy” Surveillance Cameras?

As both a former Director of Security and now an independent security consultant, I have rarely been a proponent of using “dummy” cameras as part of a security strategy.

 

Real cameras are used for several general purposes:  To monitor areas/events in real time to (hopefully) initiate appropriate response as needed; and/or to record areas/events for investigative/documentation purposes; and/or to provide a visible deterrent to inappropriate activities;  and/or to provide a heightened sense of security to the area’s legitimate users.

 

With that being the case for real cameras, here are the operational downsides of using “dummy” cameras:  Obviously, there is no real-time monitoring of areas/events possible, so appropriate response to problems is not possible (and it would be cost-prohibitive – and economically foolish – to try to replace cameras with personnel); and obviously, there is no recording of events for investigative/documentation purposes (the chances of personnel being able to provide comparable information are slim).   On the plus side, there might be a comparable visible deterrent to inappropriate activity, especially if the cost savings of “dummy” cameras vs. real cameras is used to provide additional “dummies.”  But even that deterrent value might be negated if poor-quality “dummy” cameras (an oxymoron?) are used which are easily identified as “dummies” because of no lights or wiring connections.  (NOTE:  the only time I have ever used “dummy” cameras was to add the impression of even more cameras to an application of real cameras which already covered everything I wanted covered.

 

 

But to me, the primary problem with the use of “dummy” cameras is an unnecessary and thus unacceptable  increase in liability.   The heightened sense of security for legitimate area users is totally negated when it is learned that there is no real protection being afforded. Legitimate users will feel betrayed and tricked when the truth is learned (and it will be – someone will find out somehow). And the worse-case scenario will be when an incident occurs and a victim questions and learns why there was no ready response or at least visual documentation of the event.  I have been involved in such cases as an expert witness (this would most probably evolve as a premises security liability lawsuit based on inadequate security) and have been able to opine that the “dummy” cameras created a false sense of security that did not truly exist, and this is actually worse than having no cameras of any kind:  at least if there are no cameras present, legitimate users will not have any expectations as to the level of security and may thus be more aware of their own responsibility for personal security; where on the contrary a legitimate user may be less aware of personal security issues since he believes that he is being “helped” by real cameras.

 

Bottom line for me:  “Dummy” cameras have the potential to cause more problems than they solve.

 

 

 

Business Size And The Need For Security

Regardless of the size and sophistication of a business – from the sole proprietor of the neighborhood bar to the international conglomerate – the concept of providing a reasonably safe premises remains the same:   namely, a business must provide reasonable security commensurate with reasonably foreseeable threats and risks; and reasonable foreseeability is generally determined by a conscious analysis of the inherent nature of the business and the history of general criminal acts at and around the business.

 

While large organizations may meet their obligation to provide a safe environment via sophisticated security programs with designated personnel and formalized policies and procedures, even small businesses must do something proactively to meet their obligation – they must still take into account the kinds of problems that they will likely encounter given their particular situation (i.e., location, nature of business, clientele, prior problems, etc.).

 

Many small businesses erroneously presume that their small size will somehow either preclude problems or somehow absolve them of their legal obligation to provide a safe environment.  But statistics continue to show that small businesses – bars, apartment buildings, retail stores, etc. – are the venues where criminal activities are most likely to occur and consequently the kinds of places most likely to be sued for inadequate security.  And the settlements and awards stemming from these lawsuits should give business owners and operators cause for concern.

 

This information is important for 2 reasons:  First, it is prudent for businesses to understand that proactive attention to security matters is better and ultimately less expensive than after-the-fact litigation; and businesses that may find themselves involved in premises security liability cases need to remember that the criteria by which security is assessed will be the same regardless of the size of the business at which an incident has occurred.

Preparing for Testimony

Practitioners in the security industry may occasionally be called on to provide testimony in some legal proceeding (either a criminal or civil case; during a deposition or at trial; as a fact witness or an expert). While those practitioners who have served as case consultants and/or expert witnesses will probably have had testimony experience, other security personnel may be faced with giving testimony for the first time. Regardless of the inherent knowledge or expertise of a witness, he/she still needs to be credible, effective and persuasive to the Judge and/or jury. To this end, preparation of the witness is very important.

Each attorney has a unique style and strategy and will undoubtedly have an established procedure for prepping witnesses. But here are a few issues that should be considered by anyone preparing to testify:

(1)  One issue that is sometimes overlooked in the preparation of a witness is the fact that he can only respond to the questions asked (a good witness can sometimes find a way to include additional information, but not always). So close collaboration with counsel is very important, not only to prepare for testimony expected during direct examination at trial, but for anticipated cross-examination. There needs to be a clear understanding and agreement of what information needs to be conveyed, the best manner to convey it, and the best manner to counteract aggressive cross examination, including attacks on both personal credibility and the credibility of testimony.

(2)  Even if not specifically demanded in the deposition or trial subpoena, availability of any relevant case materials/files is a good idea. Specific information such as dates, times and/or other technical information is likely to be a subject at issue, so it is better to refer to notes than to give erroneous information which may later be challenged or used to impeach the witness.

(3)  Answering questions “yes” or “no,” or at least as briefly as possible, is always a good idea. But when such a brief answer is not sufficient – such as when additional clarification or expansion is necessary – it is often best not to begin the answer with “yes” or “no” (such as “Yes, but…”) because an experienced attorney may not allow the “but” portion. Rather, it is sometimes better to begin a longer answer with a qualifying statement such as “Unfortunately, that question cannot be answered with a simple ‘yes’ or ‘no’, ” then go on with the full answer.

(4)  It is usually helpful for a witness to be advised of the personality and usual strategies/tactics of the opposing attorney. This helps the witness to better prepare for the demeanor and “personality” of the anticipated proceeding (for example, knowing that a particular attorney focuses just as much on the witness’s background as he does on specific case issues). Knowing what to expect from a particular attorney is a great asset for testimony preparation.

(5)  A witnesses should pause briefly before giving any answer, to allow his attorney the opportunity to object before potentially damaging or unnecessary information is inadvertently given.

Testifying in any legal proceeding is often a stressful and challenging ordeal. So having as much information as possible about what to expect, and being as prepared as possible, goes a long way towards doing a thorough, competent and professional job.

The Security Consultant

This is the inaugural post for The Security Consultant. After 30 years as a security practitioner - a career that has included service as a Director of Security for 3 organizations; as the Security Consultant to a large Sheriff's Department; as an independent Security Consultant to business, industry and government; and as an expert witness providing litigation support services for both plaintiffs and defense - I felt that I was sufficiently qualified and experienced to not only provide some guidance into the operational aspects of security practice, but to provide some insights into the philosophies, values and ideologies which should guide and govern professional security practitioners in the course of their duties and responsibilities. If the information I provide and the views I express help any person or organization to better practice their chosen profession or better protect their assets, I will feel that I have been successful in achieving my objective in creating this blog. The Security Consultant