Question

What are the definitions for public and private sector and name three differences between public and private in criminal justice?

Answer 1

• Public sector refers to government-owned organizations, and government-provided services.Police officers, sheriffs and detectives are public sector security employees. Their jobs are to make sure society is as close to crime-free as possible. They may do everything from writing a speeding ticket to working with a crime scene. They are allowed to make arrests and are given discretion to use force when necessary. The training and education it takes to become a public sector security employee are highly regulated
• Private sector refers to organizations that are not government owned, and the goods and services provided by organizations outside of the government.Private sector security refers to guards who are hired by businesses, organizations or citizens to guard businesses, gated communities, malls, workplaces and apartment buildings, and sometimes to break strikes. Private sector security guards are hired to protect assets, including people, property and information.
• A citizen is probably more likely to encounter private sector security on a day-to-day basis than public security. Private security guards are limited by law to observing, reporting and deterring crime. They are not authorized to use force or make arrests. Since private sector security officers are not funded by government money, they are not accountable to society but to whomever pays them.
• The criminal justice system addresses the lawbreaking behaviour of the offender. The simple difference between public and private law is in those that each affects. Public law affects society as a whole, while private law affects individuals, families, businesses and small groups.
• For instance,If you saw a man run from a convenience store with a few pilfered products under his arm, he is violating public law. He committed the crime of theft, and that affects everyone.
• On the other hand, if your neighbor filed suit against you because your barbeque smoke traveled to his yard, you may be violating private law. You infringed on your neighbor's right to peaceful enjoyment of his property.
• Essentially, the difference between public law and private law is whether the act or acts affect society as a whole or is an issue between two or more people.
• Public law deals with issues that affect the general public or state - society as a whole. Some of the laws that its wide scope covers are:
• Administrative law - laws that govern government agencies, like the Department of Education and the Equal Employment Opportunity Commission
• Constitutional laws are laws that protect citizens' rights as afforded in the Constitution
• Criminal laws are laws that relate to crime
• Municipal laws are ordinances, regulations and by-laws that govern a city or town
• International laws are laws that oversee relations between nations
• Public law tries to ensure the public interest of the general population, since the abusing the public law would affect the community. The sanctions imposed for violations are considered to be severe in nature. For instance, the sanctions under the criminal law could vary from fines, imprisonment to death penalty.
• Private law affects the rights and obligations of individuals, families, businesses and small groups and exists to assist citizens in disputes that involve private matters. Its scope is more specific than public law and covers:
• Contract law - governs the rights and obligations of those entering into contracts
• Tort law - rights, obligations and remedies provided to someone who has been wronged by another individual
• Property law - governs forms of property ownership, transfer and tenant issues
• Succession law - governs the transfer of an estate between parties
• Family law - governs family-related and domestic-related issues
• The private law tries to secure just private interests/freedom of the individuals in the community. Most of the remedies in private law are of a pecuniary / monetary nature; the party who has infringed the law needs to pay some amount of cash to the injured party and not to the state as determined by the courts. These private law classifications of remedies/sanctions include,
• Restitution: The party alleged to have breached the law will have to will have to restore any matter to the /state condition as of the breach of law had never happened.
• Damages/ Compensation: An amount for the actual damage or loss incurred have to be paid, as determined by the court.
• Returning enrichment: The party who has benefited unjustly (unjust enrichment) has to pay back
• Specific Performance: The party has to do or give up something, i.e. specific performance of the breach.
• It is believed that the areas of Public and Private Law often overlap in their attempt to achieve the purpose of regulating the conduct of the individuals if the society. For example, a road accident can be filed under the private law area of tort for negligence or reckless driving by the affected private individual, whereas a criminal case under the public law too can be filed by the state for the violation of motor traffic rules. Thus, the practical application of the law doesn’t allow a clear demarcation between the Public and Private Law.