介绍:
*905 3. Private Police and Paramilitary Forces
In the post-9/11 security state, with officials at all levels of government struggling to balance such interests as cost-effectiveness and privacy with the need for increasingly sophisticated security strategies, public-private partnerships have presented an attractive vehicle for increasing manpower in vulnerable areas and enhancing technology. Some proposals seem compatible with the human interests at stake in the policing context; others seem extreme.
In a 2014 article, Professor Karena Rahall described the recent and dramatic rise of public-private policing partnerships.97 Rahall explained that these partnerships come in two varieties: they may involve information sharing to enhance overall safety, or they may involve outsourcing of support services such as public-housing development safety patrols, emergency dispatching, towing of impounded vehicles, data entry, and forensics.98 As of 2006, approximately 450 of these partnerships existed nationwide.99
Thus far, Rahall noted, attempts to wholly outsource a municipal police force to a private security entity have not succeeded, “but the idea has been considered, and given current trends, plans to sell off entire departments are likely not far from realization.”100 As a stopgap while the legal kinks of such extreme outsourcing are straightened out, some jurisdictions have adopted so-called business improvement districts (“BIDs”)--urban revitalization models which “typically assess a tax on local business and property owners to fund supplementary neighborhood services including security.”101
More extreme than municipal police outsourcing to private security forces (though also further on the fringe of current discourse) are proposals for the state authorization of private paramilitary forces to support the mission of state police agencies and the National Guard.102 In 2011, a Montana legislator proposed the creation of a volunteer armed paramilitary *906 group to “fill the gap between community service organizations ... and to provide the state and its local communities with the ability to call upon trained and organized volunteers when necessary resources are otherwise unavailable.”103 The Montana bill died in committee. A similar 2007 proposal in Arizona would have created a “Homeland Security Force” to supplement National Guard troops currently patrolling the border.104 The bill was vetoed by then-Governor Janet Napolitano; subsequent legislative attempts to create such a force, in 2011 and again in 2012, failed.105
While domestic paramilitary forces have not (yet) gained legislative traction, the use of armed private security contractors overseas has become far more prevalent since the launch of the wars in Afghanistan and Iraq. Given the sharp criticism these particular delegations have received, and given the high risk of abuse where nonmilitary entities are imbued with military powers in foreign, perhaps effectively stateless jurisdictions,106 we address these contract forces in Part II.C, along with other arrangements that are potentially (and arguably) beyond the scope of constitutionally permissible delegation.
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