Private police
Encyclopedia
Private police are law enforcement bodies that are owned and/or controlled by non-governmental entities.
These can be firms to which the government contracts out police work
(e.g. the 1975–1977 Oro Valley, Arizona
-Rural/Metro contract, the 1980 Reminderville, Ohio
-Corporate Security contract, the 1976 Indian Springs, Florida-Guardsmark
contract, and the 1976 Buffalo Creek, West Virginia
-Guardsmark contract). Or, they can be officers who contract with various firms to patrol the area, as in the case of the San Francisco Patrol Specials.
A specific type of private police is company police
, such as the specialized railroad police
or mall security
. In some cases, private police are sworn in as government employees in order to ensure compliance with the law, as in the Kalamazoo, Michigan
-Charles Services contract, which lasted 3½ years. Private police services are sometimes called "Subscription-Based Patrol."
Private security firms in the U.S. employ more security guard
s, patrol personnel and detective
s than the U.S. federal, state and local governments combined, fulfilling many of the beat-patrol functions once thought central to the mission of public police. It has been argued that the private police market furnishes tangible evidence about what people want but are not receiving from public police. The growth of private policing is a phenomenon that is occurring all over the world. In Australia, private and public police have conventionally been considered parallel systems, with private security as very much the lesser or junior entity.
Private police typically focus on loss instead of crime; preventive methods rather than punishment; private justice (such as firing embezzlers or issuing no trespassing warnings to shoplifters) rather than public court proceedings; and private property rather than public property. Most do not have the ability to arrest civilians, unless they are also peace officer
s.
In Boston, Massachusetts, more than 100 housing projects and low-income apartment buildings are patrolled by private security. One firm, Naratoone Security Corporation, fields 122 traditional security officers in those locations, as well as 43 “special police officers,” who are armed and licensed by the Boston Police Department
and have limited arrest powers.
ns are using private security companies to protect themselves and their assets. The broad private security industry is employing over 200,000 security guards throughout the country, of which the guarding industry is the largest, with 125,000 guards working for approximately 3,200 security companies. Many of the larger South African private security companies have expanded their operations into other countries in Southern Africa. Private security companies have even involved themselves in political conflicts that are occurring on the subcontinent. In South Africa, private companies that make use of guards are regulated by a statutory body, the Security Officers' Board. The Board polices the regulations that govern the private security industry and sets minimum training standards for security guards.
, Omni Consumer Products
' Security Concepts division operated a private Detroit Police Department
.
. Since complete privatization of the police function (with funding, control, ownership, etc. of all police forces passing to private entities) would eliminate the ability of the state to forcibly collect taxes, arguably the only way it could work would be within the context of a society in which all other services were privatized as well. Moreover, the state would lose the ability to intervene to enforce its concept of justice; this factor also tends to make it incompatible with the idea of a night watchman state
that could take action to protect liberty.
s, and so on. The former were funded by private individuals and organizations and the latter by privately funded rewards for catching criminals, who would then be compelled to return stolen property or pay restitution.
In 1737, George II
began paying some London and Middlesex watchmen with tax moneys, beginning the shift to government control. In 1750, Henry Fielding
began organizing a force of quasi-professional constables. The Macdaniel affair
added further impetus for a publicly salaried police force that did not depend on rewards. Nonetheless, In 1828, there were privately financed police units in no fewer than 45 parishes within a 10-mile radius of London.
If individual firms and households can choose their own police company, then competition may have even greater benefits for the citizens, as contractors seek to serve various niche markets. Under that system, individual citizens, firms, homeowners associations, etc. can choose a service that they perceive as providing the right quality/price mix for them, and concentrating on the security needs that are more important to them.
There is evidence that private police can provide services more cheaply than public police. The cost of San Francisco's private patrol specials is $25–30/hour, compared to $58/hour for an off-duty police officer. In Reminderville, Corporate Security outbid the Summit County
Sheriff Department's offer to charge the community $180,000 per year for 45-minute response time emergency response service by offering a $90,000 contract for twice as many patrol cars and a 6-minute response time.
This system might also better prevent poor service and other abuses, as citizens could unilaterally fire their police company, rather than having to lobby the government to do so, an effort that many would be relatively disinclined to pursue, due to the uncertainty as to whether it would be successful, and the time consumed.
Homeowners associations and landlords would have a stronger incentive to monitor the activity of private police they hire for their neighborhood, as nearby neighborhoods with better or cheaper police services could gain a competitive advantage in attracting residents and remaining profitable. Reputation could be an additional safeguard, as companies that gain a poor reputation would likely have more difficulty attracting new customers.
The ability of people to sue private police could be another safeguard. Companies would have an incentive to carefully screen applicants and fire abusive employees, in order to avoid costly lawsuits that could cause their liability insurance premiums to rise.
Public police, by contrast, are covered by sovereign immunity
in many situations; and in any case, the public police lack an owner whose potential to suffer financially from lawsuits would provide a strong incentive to take action. Theoretically, the citizens as a whole might be considered the "owner" of government; but the difference is that these owners lack a means of selling their investment if their fellow owners refuse to cooperate in taking action to avoid losses; and there is less potential for hostile takeover or bankruptcy to affect a change in control, as the government can simply raise taxes (or print money, in some cases) to compensate for financial losses.
There are the usual public choice issues involved that can thwart public sector reform, such as the fact that citizens realize their individual votes have little chance of affecting the outcome. As Bruce L. Benson
notes, "Many people are very concerned about what the government is doing for (or to) them, but they rationally choose not to invest in information about candidates or to vote because they recognize that the costs of doing so exceed the benefits."
Another advantage cited by Benson is that private police would have a contractual responsibility to protect their customers. In Warren v. District of Columbia
, the court found that public police have no such responsibility. Thus, they cannot be sued if they fail to respond to calls for help, for instance.
James F. Pastor
addresses such disadvantages by analyzing a number of substantive legal and public policy issues which directly or indirectly relate to the provision of security services. These can be demonstrated by the logic of alternative or supplemental service providers. This is illustrated by the concept of "para-police." Para-police is another name for private police officers. Many public safety agencies use auxiliary police officers, who are part-time sworn police officers. Some also use reserve police officers, who are hired on an "as needed" basis, with limited police powers. These officers are typically called to duty for special details or events. In contrast to auxiliary and reserve officers, private policing is a relatively new and growing phenomenon.
There are several key distinctions between these options. Briefly, the distinctions relate to the level of police powers associated with the officer, the training levels required for each officer, the funding sources for the service provision, and the contractual and liability exposures related to each supplemental arrangement. Each alternative or supplemental service has its own strengths and weaknesses. The use of private police, however, has particular appeal because property or business owners can directly contract for public safety services, thereby providing welcome relief for municipal budgets. Finally, private police functions can be flexible, depending upon the financial, organizational, political, and situational circumstances of the client.
Under anarcho-capitalism
, taxpayers would not be forced to fund police services; these transactions would be voluntary. One argument against such a policy is that it would disadvantage the poor, who could not afford to spend much money on police. Thus, some more moderate libertarians favor issuing police voucher
s to each citizen, granting them a certain amount of money to hire a private police company of their choice at taxpayer expense.
Murray Rothbard
notes, "police service is not 'free'"; it is paid for by the taxpayer, and the taxpayer is very often the poor person himself. He may very well be paying more in taxes for police now than he would in fees to private, and far more efficient, police companies. Furthermore, the police companies would be tapping a mass market; with the economies of such a larger-scale market, police protection would undoubtedly be much cheaper."
Public police, by contrast, are limited in size by the political jurisdiction; although some local public police forces already contract with national private firms for specialty services, such as maintenance of communications equipment, for which it would not be economical for them to hire a full-time government employee.
Ultimately, some people see the potential for a “dual system” of policing—one for the wealthy and one for the poor—and others see the provision of private security as the primary protective resource in contemporary America.
In Florida, Critical Intervention Services patrols neighborhoods and has used lethal force before. They have limited power, like other private security agencies in the state, regulated by Florida Statute 493.
These can be firms to which the government contracts out police work
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
(e.g. the 1975–1977 Oro Valley, Arizona
Oro Valley, Arizona
Oro Valley, incorporated in 1974, is a suburban town located north of Tucson, Arizona, USA in Pima County. According to a July 2008 estimate, the population of the town is 43,223, an increase from 29,700 in 2000 Oro Valley, incorporated in 1974, is a suburban town located north of Tucson,...
-Rural/Metro contract, the 1980 Reminderville, Ohio
Reminderville, Ohio
Reminderville is a village in Summit County, Ohio, United States. The population was 2,347 at the 2000 census. It is part of the Akron Metropolitan Statistical Area.-Geography:Reminderville is located at ....
-Corporate Security contract, the 1976 Indian Springs, Florida-Guardsmark
Guardsmark
Guardsmark is a major provider of security services in North America, Puerto Rico and the United Kingdom.Guardsmark is the fourth largest security company and the only major provider that is privately held. The family-run company employs more than 18,900 with reported revenues of more than...
contract, and the 1976 Buffalo Creek, West Virginia
Buffalo Creek, West Virginia
Buffalo Creek is an unincorporated community in Wayne County, West Virginia, United States. Buffalo Creek is located on West Virginia Route 75 southwest of Huntington....
-Guardsmark contract). Or, they can be officers who contract with various firms to patrol the area, as in the case of the San Francisco Patrol Specials.
A specific type of private police is company police
Company police
Company police, also called private police, are police officers who work for a private company rather than a government agency.-United Kingdom:...
, such as the specialized railroad police
Railroad police
Railroad police are different from one country to another. Their roles in some countries are not different from that of any other police agency in others they are more related to a type of security police. They are all commonly responsible for the protection of railroad vast networks of...
or mall security
Mall Cop
Paul Blart: Mall Cop is a 2009 crime comedy film written by and starring Kevin James as the title character and directed by Steve Carr. The film was released on January 16, 2009 by Columbia Pictures.- Plot :...
. In some cases, private police are sworn in as government employees in order to ensure compliance with the law, as in the Kalamazoo, Michigan
Kalamazoo, Michigan
The area on which the modern city stands was once home to Native Americans of the Hopewell culture, who migrated into the area sometime before the first millennium. Evidence of their early residency remains in the form of a small mound in downtown's Bronson Park. The Hopewell civilization began to...
-Charles Services contract, which lasted 3½ years. Private police services are sometimes called "Subscription-Based Patrol."
Private security firms in the U.S. employ more security guard
Security guard
A security guard is a person who is paid to protect property, assets, or people. Security guards are usually privately and formally employed personnel...
s, patrol personnel and detective
Detective
A detective is an investigator, either a member of a police agency or a private person. The latter may be known as private investigators or "private eyes"...
s than the U.S. federal, state and local governments combined, fulfilling many of the beat-patrol functions once thought central to the mission of public police. It has been argued that the private police market furnishes tangible evidence about what people want but are not receiving from public police. The growth of private policing is a phenomenon that is occurring all over the world. In Australia, private and public police have conventionally been considered parallel systems, with private security as very much the lesser or junior entity.
Private police typically focus on loss instead of crime; preventive methods rather than punishment; private justice (such as firing embezzlers or issuing no trespassing warnings to shoplifters) rather than public court proceedings; and private property rather than public property. Most do not have the ability to arrest civilians, unless they are also peace officer
Peace officer
A law enforcement officer , in North America, is any public-sector employee or agent whose duties involve the enforcement of laws. The phrase can include police officers, prison officers, customs officers, immigration officers, bailiffs, probation officers, parole officers, auxiliary officers, and...
s.
Definitions
"Policing" and "private policing" are somewhat elusive concepts. "Private sector" police have been described as "any individual or group involved with law enforcement or security, but lacking official police authority." At the core of the policing concept, though, is the combating of crime. Patrick Tinsley writes:United States
In South Carolina, all Security Officers have the same authority and power to make an arrest as Sheriff's Deputies. Spring Valley HOA in Columbia, SC is a good example of this. Private Officers respond to calls for service, make arrests and use blue lights and traffic radar. They are Law Enforcement under state law, case law and AG’s opinion, and are authorized by the state to issue Uniform Traffic Tickets to violators. Security Officers in some cases are also considered Police Officers.In Boston, Massachusetts, more than 100 housing projects and low-income apartment buildings are patrolled by private security. One firm, Naratoone Security Corporation, fields 122 traditional security officers in those locations, as well as 43 “special police officers,” who are armed and licensed by the Boston Police Department
Boston Police Department
The Boston Police Department , created in 1838, holds the primary responsibility for law enforcement and investigation within the city of Boston, Massachusetts. It is one of the oldest police departments in the United States...
and have limited arrest powers.
South Africa
An increasing number of South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
ns are using private security companies to protect themselves and their assets. The broad private security industry is employing over 200,000 security guards throughout the country, of which the guarding industry is the largest, with 125,000 guards working for approximately 3,200 security companies. Many of the larger South African private security companies have expanded their operations into other countries in Southern Africa. Private security companies have even involved themselves in political conflicts that are occurring on the subcontinent. In South Africa, private companies that make use of guards are regulated by a statutory body, the Security Officers' Board. The Board polices the regulations that govern the private security industry and sets minimum training standards for security guards.
Fictional
In RoboCopRoboCop
RoboCop is a 1987 American science fiction-action film directed by Paul Verhoeven. Set in a crime-ridden Detroit, Michigan in the near future, RoboCop centers on a police officer who is brutally murdered and subsequently re-created as a super-human cyborg known as "RoboCop"...
, Omni Consumer Products
Omni Consumer Products (Robocop)
Omni Consumer Products is a fictional megacorporation in the RoboCop franchise. It creates products for virtually every consumer need, has entered into endeavors normally deemed non-profit, and even manufactured an entire city to be maintained exclusively by the corporation.OCP is a modern example...
' Security Concepts division operated a private Detroit Police Department
Detroit Police Department
The Detroit Police Department , established in 1865, is responsible for the city of Detroit, Michigan.-History:The Detroit Police Department was established in 1865 to serve the city's growing population and covers the city with 5 districts and two precincts. The Detroit Police Department was also...
.
Relationship to anarcho-capitalism
Private police figures prominently in anarcho-capitalist theory and, along with advocacy of private defense agencies, dispute resolution organizations, and private production of law, distinguishes it from minarchismMinarchism
Minarchism has been variously defined by sources. It is a libertarian capitalist political philosophy. In the strictest sense, it maintains that the state is necessary and that its only legitimate function is the protection of individuals from aggression, theft, breach of contract, and fraud, and...
. Since complete privatization of the police function (with funding, control, ownership, etc. of all police forces passing to private entities) would eliminate the ability of the state to forcibly collect taxes, arguably the only way it could work would be within the context of a society in which all other services were privatized as well. Moreover, the state would lose the ability to intervene to enforce its concept of justice; this factor also tends to make it incompatible with the idea of a night watchman state
Night watchman state
A night watchman state, or a minimal state, has been variously defined by sources. In the strictest sense, it is a form of government in political philosophy where the state's only legitimate function is the protection of individuals from aggression, theft, breach of contract, and fraud, and the...
that could take action to protect liberty.
History
In Great Britain, the police function was historically performed by private watchmen (existing from 1500 on), thief-takerThief-taker
In English legal history, a thief-taker was a private individual hired to capture criminals. The widespread establishment of professional police in England did not occur until the 19th century...
s, and so on. The former were funded by private individuals and organizations and the latter by privately funded rewards for catching criminals, who would then be compelled to return stolen property or pay restitution.
In 1737, George II
George II of Great Britain
George II was King of Great Britain and Ireland, Duke of Brunswick-Lüneburg and Archtreasurer and Prince-elector of the Holy Roman Empire from 11 June 1727 until his death.George was the last British monarch born outside Great Britain. He was born and brought up in Northern Germany...
began paying some London and Middlesex watchmen with tax moneys, beginning the shift to government control. In 1750, Henry Fielding
Henry Fielding
Henry Fielding was an English novelist and dramatist known for his rich earthy humour and satirical prowess, and as the author of the novel Tom Jones....
began organizing a force of quasi-professional constables. The Macdaniel affair
Macdaniel affair
The Macdaniel affair or Macdaniel scandal occurred in England in 1754 when it came to light that a gang, led by Stephen MacDaniel, had been prosecuting innocent men to their deaths in order to collect reward money. It was an unintended consequence of British government rewards for the capture of...
added further impetus for a publicly salaried police force that did not depend on rewards. Nonetheless, In 1828, there were privately financed police units in no fewer than 45 parishes within a 10-mile radius of London.
Perceived advantages
One of the alleged benefits of such arrangements is the potential for competition. If government contracts out to a private police company, then different contractors may compete to offer the highest quality and/or lowest price.If individual firms and households can choose their own police company, then competition may have even greater benefits for the citizens, as contractors seek to serve various niche markets. Under that system, individual citizens, firms, homeowners associations, etc. can choose a service that they perceive as providing the right quality/price mix for them, and concentrating on the security needs that are more important to them.
There is evidence that private police can provide services more cheaply than public police. The cost of San Francisco's private patrol specials is $25–30/hour, compared to $58/hour for an off-duty police officer. In Reminderville, Corporate Security outbid the Summit County
Summit County, Ohio
Summit County is an urban county located in the state of Ohio, United States. As of the 2000 census, the population was 542,899. In the 2010 Census the population was 541,781. Its county seat is Akron...
Sheriff Department's offer to charge the community $180,000 per year for 45-minute response time emergency response service by offering a $90,000 contract for twice as many patrol cars and a 6-minute response time.
This system might also better prevent poor service and other abuses, as citizens could unilaterally fire their police company, rather than having to lobby the government to do so, an effort that many would be relatively disinclined to pursue, due to the uncertainty as to whether it would be successful, and the time consumed.
Homeowners associations and landlords would have a stronger incentive to monitor the activity of private police they hire for their neighborhood, as nearby neighborhoods with better or cheaper police services could gain a competitive advantage in attracting residents and remaining profitable. Reputation could be an additional safeguard, as companies that gain a poor reputation would likely have more difficulty attracting new customers.
The ability of people to sue private police could be another safeguard. Companies would have an incentive to carefully screen applicants and fire abusive employees, in order to avoid costly lawsuits that could cause their liability insurance premiums to rise.
Public police, by contrast, are covered by sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
in many situations; and in any case, the public police lack an owner whose potential to suffer financially from lawsuits would provide a strong incentive to take action. Theoretically, the citizens as a whole might be considered the "owner" of government; but the difference is that these owners lack a means of selling their investment if their fellow owners refuse to cooperate in taking action to avoid losses; and there is less potential for hostile takeover or bankruptcy to affect a change in control, as the government can simply raise taxes (or print money, in some cases) to compensate for financial losses.
There are the usual public choice issues involved that can thwart public sector reform, such as the fact that citizens realize their individual votes have little chance of affecting the outcome. As Bruce L. Benson
Bruce L. Benson
Dr. Bruce L. Benson is an American academic economist who is widely recognized as an authority on law and economics and a major exponent of anarcho-capitalism legal theory. He is DeVoe L. Moore Professor and Distinguished Research Professor at Florida State University, where he serves as Chairman...
notes, "Many people are very concerned about what the government is doing for (or to) them, but they rationally choose not to invest in information about candidates or to vote because they recognize that the costs of doing so exceed the benefits."
Another advantage cited by Benson is that private police would have a contractual responsibility to protect their customers. In Warren v. District of Columbia
Warren v. District of Columbia
Warren v. District of Columbia is a U.S. Court of Appeals case in which three rape victims sued the District of Columbia because of negligence on the part of the police. Two of three female roommates were upstairs when they heard men break in and attack the third...
, the court found that public police have no such responsibility. Thus, they cannot be sued if they fail to respond to calls for help, for instance.
James F. Pastor
James F. Pastor
Dr. James F. Pastor, Ph.D., J.D is an expert in terrorism, security, public safety and police matters. Dr. Pastor is an Associate Professor of Public Safety at Calumet College of St...
addresses such disadvantages by analyzing a number of substantive legal and public policy issues which directly or indirectly relate to the provision of security services. These can be demonstrated by the logic of alternative or supplemental service providers. This is illustrated by the concept of "para-police." Para-police is another name for private police officers. Many public safety agencies use auxiliary police officers, who are part-time sworn police officers. Some also use reserve police officers, who are hired on an "as needed" basis, with limited police powers. These officers are typically called to duty for special details or events. In contrast to auxiliary and reserve officers, private policing is a relatively new and growing phenomenon.
There are several key distinctions between these options. Briefly, the distinctions relate to the level of police powers associated with the officer, the training levels required for each officer, the funding sources for the service provision, and the contractual and liability exposures related to each supplemental arrangement. Each alternative or supplemental service has its own strengths and weaknesses. The use of private police, however, has particular appeal because property or business owners can directly contract for public safety services, thereby providing welcome relief for municipal budgets. Finally, private police functions can be flexible, depending upon the financial, organizational, political, and situational circumstances of the client.
Perceived disadvantages
Problems within the industry include the possibility of criminals setting up their own firms, misuse of surveillance devices, the proliferation of weapons, and strained relationships between the public and private police.Under anarcho-capitalism
Anarcho-capitalism
Anarcho-capitalism is a libertarian and individualist anarchist political philosophy that advocates the elimination of the state in favour of individual sovereignty in a free market...
, taxpayers would not be forced to fund police services; these transactions would be voluntary. One argument against such a policy is that it would disadvantage the poor, who could not afford to spend much money on police. Thus, some more moderate libertarians favor issuing police voucher
Police voucher
A police voucher is a grant of a certain amount of taxpayer-provided funds to individual citizens , to be used to purchase private police services from one or more vendors of their choice...
s to each citizen, granting them a certain amount of money to hire a private police company of their choice at taxpayer expense.
Murray Rothbard
Murray Rothbard
Murray Newton Rothbard was an American author and economist of the Austrian School who helped define capitalist libertarianism and popularized a form of free-market anarchism he termed "anarcho-capitalism." Rothbard wrote over twenty books and is considered a centrally important figure in the...
notes, "police service is not 'free'"; it is paid for by the taxpayer, and the taxpayer is very often the poor person himself. He may very well be paying more in taxes for police now than he would in fees to private, and far more efficient, police companies. Furthermore, the police companies would be tapping a mass market; with the economies of such a larger-scale market, police protection would undoubtedly be much cheaper."
Public police, by contrast, are limited in size by the political jurisdiction; although some local public police forces already contract with national private firms for specialty services, such as maintenance of communications equipment, for which it would not be economical for them to hire a full-time government employee.
Ultimately, some people see the potential for a “dual system” of policing—one for the wealthy and one for the poor—and others see the provision of private security as the primary protective resource in contemporary America.
In Florida, Critical Intervention Services patrols neighborhoods and has used lethal force before. They have limited power, like other private security agencies in the state, regulated by Florida Statute 493.
See also
- Privatization in criminal justicePrivatization in criminal justicePrivatization in criminal justice refers to a shift to private ownership and control of criminal justice services.The term is often used to refer simply to contracting out services, which takes place extensively in many countries today; for instance, in the form of various prison services provided...
- Mall copMall CopPaul Blart: Mall Cop is a 2009 crime comedy film written by and starring Kevin James as the title character and directed by Steve Carr. The film was released on January 16, 2009 by Columbia Pictures.- Plot :...
- Security guardSecurity guardA security guard is a person who is paid to protect property, assets, or people. Security guards are usually privately and formally employed personnel...
- Watchman (law enforcement)