Law Enforcement vs. Private Security in the U.S. Criminal Justice System

Introduction

In the United States, a number of different components — both private and public — work together to create what is collectively referred to as the criminal justice system. Two of these components are law enforcement and private security. Law enforcement and private security professionals carry out many of the same job tasks, but do so in different capacities, which means there are notable similarities and differences in their job descriptions. For the most part, law enforcement and private security work together as part of the criminal justice system, but there are times when their goals and aims actually conflict. Understanding how the two systems interact is, therefore, a critical part of understanding the criminal justice system as a whole.

Public Sector Law Enforcement

Law enforcement refers to a number of different agencies that act in the public interest to enforce local, state, and federal laws. At the federal level, the two best-known law enforcement agencies are the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA), though there are additional agencies — such as Homeland Security, Border Patrol, and the Transportation Security Administration — that have quasi-law enforcement functions and serve the public sector. At the state level, law enforcement agencies vary by state, but most states have at least one state-level law enforcement agency. These agencies may include bodies such as the Texas Rangers, game wardens, parks police, and statewide Departments of Public Safety. Such officers have jurisdiction over state-level laws and can enforce them throughout an entire state. In most states, even local-level law enforcement officers must be certified at the state level. While they may not have jurisdiction throughout the state, they generally have the authority to enforce laws in certain areas and the duty to enforce certain laws when they observe violations, though these rules and regulations vary by state.

At the local level, law enforcement agencies include municipal police departments, county sheriffs' departments, and constables. The most significant difference between law enforcement and private security is that law enforcement works to protect the public interest. This means that law enforcement officers always play a dual role: while responsible for apprehending people who are in the process of committing crimes, who have committed crimes in the past, or who pose a threat to public safety, they also have a responsibility to protect those very people. Law enforcement officers must balance interests when deciding what actions to take; if an action would increase public danger — even if lawful — then law enforcement has a responsibility to ensure that public safety is preserved.

Private Sector Security

Private sector security includes any person working security for a private employer rather than in the public sector. Private sector security encompasses a tremendous range of roles. It can include people who perform security duties in addition to their other job responsibilities and have no specific experience or training in security, all the way up to trained security professionals working specifically to protect the interests of an employer. Unlike public sector law enforcement personnel, a private sector employee's primary obligation is to his or her employer, as long as the employer does not ask the employee to violate any laws. This means that private sector security officers have no obligation to report criminal violations to law enforcement agencies if their employers do not want the crimes reported. In fact, they may actually have an obligation not to report crimes if their employers have instructed them not to do so. There are a number of reasons a private sector employer may not want a crime reported, but the primary reason is that when a crime is reported, public confidence in a business may be reduced. The conflict between private employer interests and the public interest can therefore be critical when examining the obligations and duties of those working in criminal justice.

Working Together and Hybrid Organizations

While public and private sector criminal justice specialists may occasionally have conflicts, the vast majority of the time they are working toward the same goals. They cannot do this unless they are in communication and working with one another. However, territorial conflicts may prevent this type of communication. Veney identified four things that public law enforcement and private security could do to strengthen their relationship (2004). The first is to coordinate on special projects, ensuring that special events run smoothly for the private sector without significantly disrupting the public (Veney, 2004). Examples include coordinating traffic after large events, working on crowd control during events expected to become potentially violent, and managing areas experiencing an increase in crime (Veney, 2004).

The second step is for law enforcement to share local criminal statistical data with private security, and for private security, in turn, to ensure the reporting of all crimes to local police (Veney, 2004). While these two steps may seem obvious, the reality is that both private and public officers may keep information to themselves rather than sharing it. The third step is to coordinate on major investigations, which means not only contacting police when a crime has occurred but also fully cooperating with any criminal investigation (Veney, 2004). Finally, it is important for private firms to share information with police when they foresee a potential increase in criminal activity. As Veney notes, "When devastating incidents can be avoided, both police and private security personnel look like heroes" (2004).

Some organizations resist classification as purely private or purely public. For example, security in public schools is often handled by private organizations but is still carried out for a public employer and in the public interest. Moreover, school security may not even be handled by security professionals, but by teachers, aides, or other school personnel. However, as violence in schools has increased, so has the need for on-campus security, and the vast majority of schools — at least in large school districts — now use dedicated professional security personnel. The various forms of security staffing used at schools include: school security departments comprised of in-house personnel; school resource officers employed by local police departments and assigned to schools; school police departments operated by school districts; and hall monitors who are school personnel performing security functions (National Education Agency, 2002–2015).

Conclusion

Security guards and police officers are complementary components of the criminal justice system. Both types of officers offer first-line defense and deterrence against crime and are capable of apprehending suspects. However, police officers have a public duty, while security guards have a duty to their private employers that may put their interests in conflict with the public interest. What this means is that while there are significant similarities in the roles and responsibilities that come with both professions, there will always be meaningful differences as well.