Policing may occur by both private and public investigators. Policing is the maintenance of peace in a community. Security is the goal. Private police originally emerged because the public police could not fulfill all the needs and securities of individuals. Corporations and private landowners were the first to hire private investigators, but today, they are being hired by railroads, airports and even the government. There are very few similarities and many differences between these two types of investigators. The most obvious difference between private and public investigators is the involvement of government: One works for the government and the other does not. However, they do intersect in many ways with very few major problems arising. Regardless of the similarities and differences and the issues of interdependence, its seems that these two types of investigators have become more mutually dependent and supportive over time.
The differences between private and public investigators relate predominately to goals, job function, overall duties, involvement of the government and organization form. Private investigators attempt to locate information for clients. This information may be legal, financial or personal. Private investigators also may be involved in the search for missing persons, the conducting of background checks and the investigation of computer crimes. Private investigators who conduct criminal investigations have the goal of preventing and deterring crime. The services that are provided by private investigators may differ in each investigation, while on the other hand, the services provided by law enforcement has remained the same. Public law enforcement protects the social welfare of citizens. They deter, prevent and detect crime as well as support the prosecution of criminal offenders.
There is a significant difference in the duties that may be performed by a private investigator in comparison to those performed by public investigators. Private investigators are limited in their search, seizure, stop and use of force, although public law enforcement are as well, the limits upon the private investigators is even greater. Private investigators goal is to prevent crime, recover property, deny a claim, gather intelligence and manage employees, while the goal of public police is to arrest criminal offenders so they me be prosecuted for the criminal behavior.
Many states require private investigators to have a license, but some do not. All law enforcement officers are required to complete training and receive a certificate of completion of the training. Those who become employed by the public sector typically have similar background, education and training. While those who become private investigators vary greatly. All levels of background, education and training are needed and thus those who are employed are diverse in these areas.
The chain of command between public and private investigators are greatly different. Private investigators often times work as sole practitioners and have their own business. They may also hire employees and form a different type of business entity. The relationship is that of boss and subordinate. In a public police agency, the chain of command is much like the military. There is a leader who is the chief. Below the chief, there are captains and lieutenants and officers. Each lower level reports to the next level up in the chain of command. With the organization form being so completely different due to the involvement of the government, the sources of information are also a bit different.
Sources of information for private investigators may include internet sources, online databases and social networking sites. Other sources may include interviews with persons, surveillance, governmental agencies and public documents and records. Public records may include voter registration information, public licenses, court history, real estate and driving records. Sources of information for public investigators may include all of the sources available to private investigators plus additional information that they may retrieve with authority from the court. These may include employer files, company documents, past audit files, and financial accounts.
An investigative technique using the scientific method may be invoked by both sectors. This includes five steps: “stating the problem, forming the hypothesis, collecting the data by observing and experimenting, interpreting these data and drawing conclusions . The scientific method uses both deductive and inductive reasoning. The use of this type of investigative technique by both agencies is one significant reason that many police officers work in private security prior to becoming public law enforcement officers, and many police officers upon retired begin work in the private security sector. Although the two agencies are separate and very distinct entities, they do intersect.
Joint investigations are one area where private and public investigators intersect. The Federal Bureau of Investigations and IBM conducted a sting operation pertaining to the sale of computer secrets and espionage. The two agencies created a sham consulting firm in order to sell alleged stolen secrets. Investigators from both agencies participated. As a result of the investigation, twenty-one individuals were charged, although charges were later dismissed. In another similar operation, private detectives of a corporation cooperated with federal and state police agencies in a stolen property sting wherein two were arrested. The private investigators, as in the IBM situation, participate in a sham sale of computer chips to arrest the suspects. This appears to be a common venture where private investigators of corporation team with local and federal law enforcement to stop fraud and espionage.
Another intersection of private and public investigators occurs when public agencies hire private investigators or private investigators hire the public police. There are many private security investigators throughout the United States that are employed with a governmental law enforcement agency as well. Private investigation agencies often assist government agencies through financial support. In one instance, a conglomerate of insurance companies paid law enforcement money to operate a sting to catch fake burglary claims being made by claimants. The insurance companies alleged that their interest was in protecting the community, not in retrieving stolen property from claims. Also, chambers of commerce have provided financial assistance in order for law enforcement to conduct sting operations. This reduces the expense to the public.
The intersection between the two investigators may seem to be happening more often today, and with this one would think that many problems would arise as one is private and one is governmental. However, the issues and challenges are very limited. One issue that may arise pertains to authority and power. It would have to be established in a joint investigation, who is the leading authority. Assumedly, this would be the public agency, however, the private agency may have a greater interest. Another issue that may arise could would involve safety and responsibility. A criminal investigation is typically inherently dangerous. Private investigators do not have the power to arrest an individual which could pose a problem if the situation escalates without a police officer presence. Also, in this respect, if a private investigator is harmed during the criminal investigation with the public investigator, a question may arise as to who is liable.
In the above mentioned joint investigation involving the FBI and IBM, the two agencies are radically different, however in this particular investigation, the similarity lied in the goal of each agency. The chain of command in the FBI is military-like while IBM is a corporate structure very distinct from the military. The IBM investigators likely had no significant power or authority in the investigation. And, the IBM investigators were likely not armed nor did they have the authority to arrest the suspects. However, the two agencies had to rely upon one another to conduct the investigation. As mentioned above, this occurs more often today and is likely attributed to the technological advances in modern society. As these advances continue, private and public investigators will continue to become more mutually dependent and supportive over time.
References
Marx, G. T. (1987). The Interweaving of Public and Private Police Undercover Work. In C. Shearing, & P. Stenning, Private Policing.
Osterburg, J. (1981). Scientific Method and Criminal Investigation. Journal of Police Science and Administration, 9(2), 135-142.
S., P. (2012, July 10). The Ebb and Flow Across the Thin Blue Line: The Difference between Private and Public Sector Security and Investigations. Retrieved from Crime Dime: https://crimedime.com/2012/07/10/the-ebb-and-flow-across-the-thin-blue-line-the-difference-between-private-and-public-sector-security-and-investigations/
Shearing, C. D. (1992). The Relation between Public and Private Policing. Crime and Justice, 15, 399-434.
Willingham, B. (2011, April 13). A Private Detective's Approach to Intelligence Gathering. Retrieved from Diligentia Group: http://www.diligentiagroup.com/legal-investigation/a-private-detectives-approach-to-intelligence-gathering/
Expertly Written Essay On Private V Public Investigators To Follow
Type of paper: Essay
Topic: Private, Confidentiality, Investigators, Public, Crime, Law, Police, Criminal Justice
Pages: 5
Words: 1400
Published: 03/08/2023
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