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New Corporate Security: The Autumn of Crime Control and the Spring of Fairness and Due Process

NCJ Number
112390
Journal
Journal of Contemporary Criminal Justice Volume: 3 Issue: 4 Dated: (December 1987) Pages: 1-34
Author(s)
J D Calder
Date Published
1987
Length
35 pages
Annotation
Law and social organization have produced two types of justice: public justice formulated on the basis of the Constitution, and private justice in the relations between employers and employees as embodied in the corporate security function.
Abstract
While public law is responsive to the values and actions of participatory democracy, private justice is normally responsive to the economics of corporate self-interest. Corporations are under no legal obligation to provide substantive and procedural justice resembling that found in the public sector. Case law and documentaries are filled with examples of unjust accusations, improper investigation of facts, unnecessary and harsh interrogations, and punishments in excess of the offense. It is suggested that changing conditions, including issues relating to workplace drug testing and acquired immune deficiency syndrome, should encourage corporations to audit the conceptual framework of the total security function and consider implementation of an internal justice process based on fairness and due process. This new model of the security function challenges the contention of the traditional crime control model that it can measurably reduce losses while upholding professional ethics and standards of fair treatment without any formal adjudicatory oversight. 115 references and 39 endnotes.

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