Chapter 10: Public v. Private Policing: The Ethical Dilemma

Abstract

This section furthers the discussion in preceding chapters of individual liberty and ethics and the private versus public policing discussion.

Introduction

Policing in the United States has undergone a metamorphosis since its inception. The Metropolitan Police Acts of 1829 in England had begun the modeling of modern day policing in this country. The Acts provided a blue print and policing in this country has been in a transformational period since. The primary reason for change generally surrounded protection of citizens (Urbanization), service delivery, crime, and global issues. These restructuring exercises have been expedited in the last thirty years, specifically due to the indoctrination of technology in society.

Public policy must be responsive to the needs of its citizenry. With recent special crimes such as Identity Theft, Cyber Stalking, Cyber Bullying, and most notable the 2016 Presidential election whereby a foreign government may have had influence on the elections. In concert with mitigating illegal acts through cyber technology rises the issue of individual privacy rights. Further complicate the enforcement with Constitutional concerns such as guarding against unreasonable intrusion by government into private citizen person, places and effects.

Enter into this discussion, private security and public policing. Although both often find themselves providing similar service or tasks, they do contrast each other in very distinctive practices. I have frequently been asked about “Big Brothers” over reach. I must ask whom are they speaking? More often than not, the response is government. The following link provides information relative to the two enterprises. https://www.ncjrs.gov/pdffiles1/nij/247182.pdf

The ordinary person that purchases a cellular telephone instructively clicks on the “Accept” button indicating that the person agrees with the privacy of information and additional requirements by the supplying company. I suggest that the reader of this material has not taken the time to read the small print. Rather they click accept so they have that article of instant gratification in their hot little hand. The same is generally holds true with most social media packages.

Protecting Privacy and Individual Liberties

“Progress is impossible without change, and those who cannot change their minds cannot change anything.” ~ George Bernard Shaw. Ergo if enforcement is going to demonstrate progress in light of new technologies and citizen complacency then the collaboration of private and public entities must be realized. Big brother is not government but rather those that citizens have willy-nilly provided their private information. Private companies have almost exclusively insinuated a pact of information protection between the customer and the service deliver, such as Google, Facebook, Instagram, or Twitter. However, at the moment a person loses her/his identity through theft they turn to the public police. Frequently the local policing entity is ill-equipped to handle the theft.

Highly trained and technologically savvy personnel are required for these types of investigation. Local police regularly find they are underfunded and without proper resources to handle the investigation. The federal law enforcement find itself under siege by the utter numbers of complaints. This is not a new dilemma we find ourselves in. At the turn of the century, auto theft and bank robbery were largely handled by federal agencies because of crossing state lines and the restricted jurisdictional boundaries of local and state law enforcement. As the states became more sophisticated in enforcement efforts, these crimes were relegated to the local jurisdiction. The same is true with computer crimes. As state and local policing efforts gain the high-tech qualifications the more of the enforcement is donned onto them. Would this be as necessary in the volume of cases had the individual been careful with their private information to begin with? Has society become so complacent that nary a thought is provided to potential outcomes? I had heard on more than one occasion that you can’t fix stupid!

Private security in these companies can track offenders and assist local law enforcement in their efforts. Public policing has rules that restrict the type of efforts they may employ. Those rules are generally found in the U.S. Constitution and State Constitutions. Private companies, not so much. However is it legal to accept illegally obtain information? If you find yourself investigating an identity theft and you call the company that the breach took place and they provide you information that you would otherwise require a search warrant to obtain the information; is it ethical to take the information?

Impacts of Organized Retail Theft

Another type of crime that has lasting impacts on society is that of Organized Retail Theft (ORT). This illegal enterprise is an estimated loss of $30 Billion-a-year having a significant negative economic impact on the consumer. It also has safety implications in safety issues that it brings to unsuspecting consumers. The black marketing of baby formulas, or medicines is not foreign to this country in light of rising costs of each. These criminal enterprises have potential link to other criminal enterprises and terrorism. Gangs consistently steal high-value merchandise for resale with considerable profit.

https://archives.fbi.gov/archives/news/stories/2007/april/retail040607

Targets of ORT

The stores targeted for theft run the gamut—from grocery and major department stores to drug stores and specialty shops (FBI, 2011). Targeted areas often consist of ship yards, shipping containers, rail cars and load docks. The receiving area for goods frequently have an inside person dealing with a false bills of lading.

Medications, infant formula, razor blades, apparel, camera film, batteries, DVDs, CDs, and smoking cessation products. Thieves may resell infant formula and pharmaceuticals among other things after not storing them correctly – or after altering expiration dates. These illicit acts result in the loss of revenue and taxes, support terrorist groups, and organized crime.

Proactive Devices to Combat ORT

There is no single Silver Bullet–No one technology that is a savior. Items that may assist are protected delivery zones such as items of significance place in secure area, electronic article surveillance, double check system on bills of lading and delivery. The greater the cost of doing business illegally (paying off numerous inside persons) may deter some of the illicit acts.

Another ploy is Crime Prevention by Environmental Design. This means creating an environment less inviting for the thefts such as: clean parking lots that is vast spaces between loading area and personnel parking, limited truck entry into load area, limited loading and unloading, electronic surveillance in multiple locations, electronic fences that disable shopping carts from leaving shopping area; and vet personnel more thoroughly.

https://nrf.com/blog/current-challenges-organized-retail-crime

Who’s Job is it?

The fact remains that ethically, morally, legally, all topics in this discussion remain within the purview of each and every one of us. Complacency, defined as: a feeling of smug or uncritical satisfaction with oneself or one’s achievements, is a real enemy to our well-being. The term stokes the fires of apathetic behaviors that result in finger pointing. This collection of discussions is squarely situated in putting ethics back into everyday living. Waiting until the fit hits the shan, is inviting disaster into one’s life. Good people do some dumb things, just ask me, I have a litany of dumb things I could share (but I won’t). This does not mean the person has become a bad person, but rather lapses of judgement infect us all. The opportunity for self-reflection is embedded in every hour of every day. Each decision is wrought with ethical decision making. Awareness of individual self-purported importance is a highly sought after attribute that the individual must be able to account for each day she/he looks into the mirror. If that person is not satisfied with whom is looking back, reorganize.

Being ethical does not require abstinence from mainstream life style, but does require thoughtful obligation to actions.

References

Combating organized retail crime: The role of federal law enforcement: Statement Before the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security , Washington, DC, November 05, 2009. (Testimony of David Johnson, Section Chief, Criminal Investigative Division, Federal Bureau of Investigation.

Federal Bureau of Investigation (2011). Organized retail theft: A $30 billion-a-year industry. U.S. government, U.S. Department of Justice. Retrieved from http://www.fbi.gov/news/stories/2011/january/retail_010311

How to Fight Back Against Organized Retail Theft Rings. (2003). Security Director’s Report, 3(2), 11.

Private Sector and Law Enforcement Collaborate to Deter and Investigate Theft. (2011). GAO Reports, 1-44.